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Full text of "Biennial report of the Texas Library and Historical Commission"

REYNOLDS HISTORICAL 
QSKEALOGY COLLECTION 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/biennialreportof01texa 



FIRST 



. BIENNIAL REP ORT 



.Qf.XHL 



HISTOR I C AL COMMISSION . A£ 



For the period from March 29, 1909, 
to August 31, 1910 



4 




AUSTIN. TKXAS 
Austia Printing: Cc- 



1755105 



■ f ' " Z 

F TEXAS. Library and historical ccn-.mlsnion . 
877 ...Biennial report of the 'Texas lilorary and 
.86 historical comniission... lst-2d; March 29, 1909- 

Aug. 31, 1915. Austin. Tex. .Austin printing 

CO., 1911-14. 
2v. 

Vol.2 contains also the report of the State 
library. 

K ist; March 29, 1909 -Aug. 31, 1910. 

1877 Austin, Tex. , Austin , — .printing co.,1911. 
.87 44p. (^ ) 

NL 34-7632 



TEXAS umm m mmm 

COLEilSSlOiJ ■ 



FIRST BIENNIAL REPORT 
1909-1910 

. ACCOMPANIED BY THE 

SECRET JOURNALS OF 

THE SENATE 

REPUBLIC OF TEXAS 
1836-1845 




<*?!>> 



AUbllN TMNIINC CO.. rRlNT£R« 
AUSTIN. TEXAS 
1911 






■4 

V THE COMMISSIONERS. 



5 George P. Garrison/ Austin, Chairman. 



-. ) 



-'-J Mrs. J. C. Terrell, Fort Worth, Chairman. 

'^ Geo. W. Littlefield, Austin. 

> R. B. Cousins/ Austin. 
b% P. M. Bralley,- Austin. 
—'-Richard ^L\ys, Corsieana. 
_1 E. C. Barker/ Austin. 

d'^ STATE LIBRARY STAFF. 

E. W. Winkler, State Librarian and ex officio Secretary of the 
Texas Library and Historical Commission. 

Mrs. Laura Y. GRiNNi\:Ny''' Assistant Librarian, 

John Boynton Kaiser,^ Assistant Librarian in Charge of Legis- 
lative Reference Section. 

E. Swiedom, Porter. 



*Dr. Garrison, head of the school of history in the University of Texas, was 
removed by the hand of death, at his home in Austin. July 3, 1010. Dr. Barker 
has been appointed to act as head of the school of history. 

•Hon. R. B. Cousins, State superintendent cf public instruction, resided his 
office December 21. 1909. Hon. F, .M. Bralley was appointed his successor. 

*Mrs. Grinnan's term of service expired July 31, 1910, and :\Ir. Kaiser's be- 
?an AufiTust 1st. but by mutual agreement Mr. Kaiser worked during July and 
ilrs. Grinnan during August. 



4 First Biennlu. Report of the 

CONTENTS. 

PART I. 

Report of the Texas Library and Historical Commission. 

Duties of the Commission. 

Summary of the Commission's proceedings. 

Appropriations recommended. 

Tribute to Dr. Garrison. 

Report of the State Librarian. 

I. The State Library. 
Shelving. 
Room added. 

Documents and newspapers classified. 
Books transferred from other Departments. 
Binding. 
Translations. 
Certified copies. 
Cataloguing and indexing. 
Historical work and research. 
Important accessions. 

a. Books. 

b. Newspapers. 

c. Manuscripts. 

(1) The Hutchinson Diary. 

(2) Burnley Papers. 

(3) Lost manuscripts recovered. 

(4) The Lamar Papers. 

d. Phonograph record of Governor Hogg^s last speech. 
Texas alcove. 

Secret Journals of the Senate. 
II. Legislative Reference Work. 
Summary of work done. 
III. Library Extension. 

Summary of work done. 
Where help is needed. 

a. State in.stitutions. 

b. Public school libraries. 

c. Free public libraries. 
Statistics. 



Texas Library and Historical Commission. 5 

Appendixes. 

1. Periodicals and newspapers. 

a. Periodicals received. 

b. Insurance journals receiyed. 

c. Library and library commission publications. 

d. Texas newspapers received. 

2. Principal gifts. 

3. Exhibit of receipts and expenditures of the .Texas Library 

and Historical Commission. 

PAET n. 

The Secret Journals of the Senate of the Congresses of the Re- 
public of Texas. 



THE COMMISSIONER'S REPORT 

His Excellencii, Hon. T. M. Campbell, Governor of Texas. 

Dear Sir: In obedience to Section 12, Chapter 70, General Laws 
of the Thirty-first Legislature, we have the honor to submit to you .the 
first biennial report of the Texas Library and Historical Commission. 

DUTIES OF THE COMMISSION. 

.The law governing the Library and Historical Commission may be 
summarized as follows: 

(1) to control and administer the State Library, 

(2) to encourage historical work and research, 

(3) to collect, classify and publish the historical archives, 

(4) to aid those studying the problems to be dealt with by legisla- 
tion, 

(5) to aid and encourage libraries, and i 

(6) to have conducted library institutes. 

This comprehensive statute combines several different forms of 
State library work under one administrative board. Owing to lack 
of funds, some of the lines of activity marked out for the Commis- 
sion have not been touched. The law presents the specifications and 
drawings of the great and useful work that the Commission, when it 
has the funds, is to develop and build up. What was accomplished 
during the past seventeen months will appear from the follorwing para- 
graphs. 

SUMMARY OF THE COMiSIISSION'S PROCEEDINGS. 

.The act creating the Texas Library and Historical Commission 
became effective ]\Iarch 19, 1909. Governor Campbell promptly ap- 
pointed the Commissioners and called them to meet at Austin on 
Marcli 29th. The first meeting extended over three days. All the 
Commissioners were present. Permanent organization was perfected. 
The books, newspapers, archives, relics, etc., belonging to the State 
Library were received from the Hon. Thos. B. Love, Commissioner of 
Insurance and Banking. The State librarian and assistant librarian 
were elected, and rules and regulations for the State Library adopted. 
The necessary steps were taken to secure an appropriation from tha 
Lejrislature covering the period from March 19 to August 31, 1909, 
since the Attorney General had ruled that the appropriations made 



^ 



8 First Biennial Report of the 

for the State Library as part of the Department of Inaiirance and 
Banking were not available after the two were' segregated. An esti- 
mate was prepared of the fnnds necessary for the operations of the 
Commission during the next bienniura. An executive committee com- 
posed of the members resident at Austin was appointed to represent 
the Commission in all cases demanding prompt attention, in case a 
meeting of the entire Commission was impracticable. 

The executive committee held a meeting on June 1st, at w^hich Mr. 
E. Swiedom was elected porter for the State Library, and a call was 
issued for a meeting of the Commission on June 15th. 

The second meeting of the Commission was held June 15, 1909. The 
Texas Library Association held its seventh annual meeting in Austin 
at this time, and one of the objects of the meeting of the Commission 
-was to hold a conference with the Texas Library Association. Those 
attending this meeting were Dr. Garrison. Mrs. Terrell, and Superin- 
tendent Cousins. The executive committee was charged with the pur- 
chase of the shelving for the State Library. The preparation of a 
small publication devoted to the public library interests of this State 
was authorized. 

On August 30, 1909, the executive committee met for the purpose 
of opening bids on the shelving for the State Library. Four firms 
submitted bids. The award was made to the Snead & Co. Iron "Works 
of Jersey City. N. J. A second meeting of the executive committee 
was held February 7, 1910, for the purpose of viewing the shelving 
installed in the State Library. The work was accepted and ordered 
paid. 

On February 22, 1910, the executive committee held a meeting at 
which Mr. John B. Kaiser was elected assistant librarian, his duties 
to begin August 1, 1910. 

The last meeting of the Commission was held August 30 and 31. 
1910. The proceedings of the executive committee since the last meet- 
ing of the Commission were read and approved. The work of the past 
year and a half was carefully reviewed. The State Library was in- 
spected. Tlio issue of another number of Texas Libraries was voted. 
The following budget of funds required for the next bienniura was 
prepared : 



Texas Library and Historical Commission. 9 

appropriations recom:vrexded by the texas library and historical 
commission for the next biennium. 

For the Year Ending — 
Appropriation. Aug. 31,1912. Aug. 31,1913. 

Salary of State Librarian $ 2,000 $ 2,000 

Salary of Assistant Librarian in charge of the Leg- 
islative Reference Department 1,500 1,500 

Salary of Archivist to classify and index the his- 
torical archives 1,200 1,200 

Salary of Cataloguer 1,000 1,000 

Salary of Typewriter and Copyist 1,000 1,000 

Salary of General Assistant 600 600 

Books for State Library 800 800 

Gathering Historical Data 700 700 

Subscriptions to newspapers and periodicals 500 500 

Binding and repair 400 400 

Stationery, library supplies, postage, express and 

freight 500 500 

Printing and publishing volumes 2 and 3 of the 

Texas Archives 1,500 2,000 

Collecting and disseminating information about 
public libraries, including publication of a 

quarterly library bulletin 250 250 

Traveling expenses of the Commissioners 100 100 

Traveling expenses of the State Librarian in the 

service of the Commission 200 200 

Shelving for books and newspapers, with the neces- 
sary stack floors, railings, stairs, electric lights 
and wiring: tables and chairs for reading 
room; office furniture; filing cabinets, card 
catalogue cases, cases for historic tlags. floor 
covering, etc., to be expended in two years. . . . 7,000 

Telephone rent 48 48 

Contingent expenses, including typewriters ...... 200 200 

Total $ 19,498 $ 12,998 

.The appropriations asked for above are an increase in some in- 
stances over those allowed heretofore, in other instances entirely new 
appropriations are asked. They were all very carefully considered, 
and it is believed represent a minimum amount with which to carry 
forward the work of the Commission in all its branches with that de- 
gree of efficiency that the public service demands. 

The increase of the salary of the State Librarian is recommended 
with a view of placing that office on <m equality with those of like 
class. 

The increase in the salary of the Assistant Librarian is recommended, 
because the Commission feels certain that it will be impossible to re- 
tain an efficient legislative reference librarian at a less salary. Other 
States pay this amount; some much more. 

New appropriations for salaries of an archivist, a cataloguer and 
a typewriter and copyist are recommended, because their services 
are urgently needed to enable the State Library to do the work as- 
3i<jmed to it. Some of the reasons why an archivist and a cataloinier 



10 First Biennial Report of the 

should bo added are stated by the Librarian on pa 20 16. The need for 
a typewriter and copyist needs no argument: the State Library has a 
large volume of correspondence to handle besides the work of copying 
records and manuscripts. 

It is recommended that the terra "porter" be dropped, and that 
that of "general assistant" be used in its place; also that the salary 
of this employe be increased to $600. Tlie labor of cleaning, sweeping, 
etc., takes but one-third of this man's time; during the remainder 
of the day he has been employed in arranging and classifying books, 
arranging newspapers for binding, mending, and doing work that was 
of much value to the library and that required a(.'curacy, stuciy and 
information. 

The increase asked in the fimds for buying books, for gathering his- 
torical data, and for newspapers and periodicals is not large, and is 
made to enable the library tO meet growing demands. 

An increase in the appropriation for library supplies will be neces- 
sary to meet the requirements of the archivist and cataloguer. An 
increase should also be made in the amoimt allowed for express and 
freight. The State Library receives a great deal of material. It 
should send out to all the libraries within the State and to all State 
libraries in other States sets of the Texas documents. During the 
past two years it was unable to do this because it had not the funds 
for paying the transportation. During this period it received a large 
quantity of such material from the other States. See pages 33-35. 

A new appropriation is asked to print a volume of the Texas 
archives during each of the next two years. This important work 
should be begun without longer delay, and the cost is small when 
compared with the benefit to be derived therefrom. 

An increase is asked in the sum allowed for collecting and dis- 
seminating information about public libraries. A part of this sum 
is to be used in publishing a small quarterly library bulletin similar to 
the one issued during the past year. 

A new appropriation is asked to defray the traveling expenses of 
the State Librarian when in the service of the Commission. The State 
Library now and then would find it to advantage to be able to make 
personal inspection of files of early Texas newspapers, manuscripts. 
and the like, offered. The public service would also be benefited if 
the State Librarian could attend such gatherings as the annual meet- 
ing of the National Association of State Libraries, of the Letigue of 
Library Commissions, and of the Conference of Archivists. 

Tliat there is need for additional shelving and equipment will ap- 
pear from an inspection of the State Library or from a reading of 
the librarian's report. An appropriation for this purpose is earnestly 
recommended. 



Texas Library and Historical Commission. 11 

In a number of appropriations there has been no increase recom- 
mended, and in other cases the increase is not large. In preparing 
this schedule of appropriations it has been attempted to co-ordinate 
the different items in such a way that the same may be used eco- 
nomically and to the greatest advantage of the State. 

TRIBUTE TO DR. GARRISON. 

At the last meeting of the Commission — the first since the death of 
Dr. Garrison, late Chairman of the same — his valuable services were 
appropriately commemorated. His loss to the Commission is great. 
Dr. Garrison was a wise counselor, a scrupulous administrator and a 
diligent and hopeful worker. The creation of the Texas Library and 
Historical Commission received his hearty support. He appreciated 
the broad field of usefulness before it. His patriotic devotion to the 
State was inspiring. His desire to see its history truthfully written wa^ 
the motive that prompted him during the best years of his useful life 
and prolonged the struggle when he came to die. His teaching, his 
historical researches, his writings, all belonged to Texas. 

Mrs. J. C. Terrell, Chairman, 

Geo. W. Littlefield, 

F. M. Bralley, 

Richard ]\Iays, 

E. C. Barker. 



REPORT OF THE STATE LIBRARIAN 

Texas State Library, 
Austin, August 31, 1910. 
Mrs. J. C. Terrell, Chairman, Texas Library and Historical Commission. 

Dear Madam: In accordance with the provisions of Section 9, 
Chapter 70, of the General Laws of the Thirty-first Legislature, 
I have the honor to submit to you the first biennial report of the 
State Library since it passed under the control of the Texas Library 
and Historical Commission. 

In accordance with a further provision of said section, I have the 
honor to accompany this report with a copy of the Secret Journals 
of the Senate of the Republic of Texas, embracing all the sessions 
from the first to the eighth congress, inclusive, to be published as 
part of the report. These Journals have not been printed hereto- 
fore; they constitute an important source for the history of the Re- 
public. The Secret Journals of the Senate of the Ninth Congress 
have not been found among the archives in the State Department; it 
is feared they were lost. 

L THE STATE LIBRARY. 

The State Library is a place for information. It should have the 
information needed by the State officials to give to Texas the very 
best administration possible. It should have the information needed 
by the members of the Legislature to give Texas the best laws that 
can be enacted. It should have the information needed by the his- 
torian to portray truthfully the history of the antecedents of the pres- 
ent of this State. 

The State Library needs greater resources, better equipment, more 
help and ampler means to serve those who depend upon it for aid. 
The library has frequent calls for information it does not now pos- 
sess. The small staff can not possibly meet the great and urgent 
demands made upon it. ]\ruch important work must remain unper- 
formed to the serious injury of the public service. The want of 
proper equipment adds additional obstacles to the work of the staff. 
The library has not the means of keeping in touch with those it is 
intended to serve. 

The liberality of the Thirty-first Legislature, as compared with 
former legislatures, in the appro]:)riati<^iis made for the State Library 
made possible important improvements. 



14 First Biennial Report of the 

shelving. 

The work in the State Library for years has been handicapped by 
a want of shelving. Xor is the evil entirely removed now; over half 
the books of the Library yet remain in the basement of the Capitol, 
over 100 yards from the reading room, because the latter is not fitted 
out with the necessary shelving. However, the $3,000 appropriated 
for shelving was a great help toward remedying matters. Only a 
part of the shelving needed could be provided, and some makeshift 
had to be resorted to in order to get along. In the large library 
room 3,195 feet of first-class metal shelving was installed. The make- 
shift referred to consists of 2,616 feet of plain, unvarnished wooden 
shelving for books installed in the rooms in the basement of the 
Capitol, and of 260 feet of similar shelving, also located in the base- 
ment, built for the newspapers. With this addition of 6,000 feet of 
shelving, the State Library was enabled for the first time in many 
years to place all its books upon shelves. 

ROOM ADDED. 

An additional room had to be secured in the basement, and 
equipped with shelving to accommodate the large stock of duplicates 
of Texas documents and legislative journals. The documents have 
not only been shelved, but assorted and arranged. They number sev- 
eral thousand; not many antedate the year 1900. 

DOCUMENTS AND NEWSPAPERS CLASSIFIED, 

Room and shelving having been provided, the assorting and 
classification of the books and newspapers was undertaken. The ac- 
cumulation of 175 weekly Texas newspapers, covering a period of 
nearly two years, was straightened out. The United States docu- 
ments and the publications of the various States were not arranged 
or classified. The documents included in the coniZTCssional series, 
numbering about 4.700 volumes, have been supplied with the serial 
numbers and arranged in order. During this process of overhaul- 
ing, more than 5()0 duplicates were discovered and returned to the 
Superintendent of Documents. A list of the missing volumes was 
prepared and tiled with the same officer. To date he has supplied 
283 of the missing volumes. The drawings and specifications of the 
Patent Office, numbering 750 volumes (the set dates from 18S0), 
have been arranged. This is the fii-st time these books of the 
library hav*^ oujoyed t'nat distinction. The departmental publica- 
tions of the United States government, numbering about 1,150 vol- 



Texas Library and Historical Com^missiox. 15 

I 

iHiics, have been grouped, but their numberiuii; has been delayed by 
the delayed appearance of the revised cheek list of documents, whose 
parly issue was promised by the Superintendent of Documents sev- 
eral months airo. but it has not yet appeared. The publications of 
the several States have been arranged; they date from 1881, when 
the State Librarj^ was burned, and nnmber 6,672 volnmes. 

BOOKS TRANSFERRED FROM OTHER DEPARTMENTS. 

Tlie work described above attracted the favorable notice of sev- 
eral of the departments, and they tnrned over to the State Library 
the books that had accumulated in their offices and for w^hich they no 
longer had particular nse. The Department of Insurance and 
Flanking turned over a large number of insurance journals. (For 
a list of them, see page 28.) The Executive Office tnrned over to the 
library 333 volumes and many pamphlets. The State Department 
turned over to the library 1.950 volumes, the greater number being 
the laws of the several States. The Railroad Commission turned 
over to the library 520 volumes and 300 pamphlets. The Comptroller 
transferred to the library an almost complete set of the Abstract 
of Land Titles, in 27 volumes. 

BINDING. 

As it did not have the funds, the State Library got far in arrears 
with its binding. There have been sent to the bindery 461 volumes 
of books and 105 volumes of newspapers. The liberal appropriatton 
allowed for this purpose wall prove to Ifave been a measure of econ- 
omy. 

TRANSLATIONS. 

The service of the State Librarian and of the Assistant Librarian 
have been frequently called for to supply translations of letters and 
documents- in a foreign language received by the different State de- 
partments. Translations from the Spanish, French and German have 
been furnished. 

CERTIFIED COPIES. 

The number of certified copies furnished, for which pay was re- 
ceived, was not larire. However, this was due in a measure to the 
incompleteness of the t\\o<. of the laws of the several States, and to 
the want of indexes to the historical archives. 



16 First Biennlvl Kefort of the 

cataloguing and indexing. 

One of the first needs of the State Library is the service of an ex- 
perienced cataloguer. The library is not catalogued as it should be. 
The present force can not possibly attend to this work. The rate at 
which books, etc., are being added to the library makes the necessity 
for this work greater with each passing month. During the past 
eight months the sections relating to biography, general history, 
American history and ^Mexican history w^ere gone over and a useable 
catalogue prepared : but the effort simply emphasized the hopeless- 
ness of the task under present conditions. Tlie resources of the li- 
brary are not entirely available until a well constructed catalogue has 
been prepared. 

Nothing w^hatever was possible as regards the classifying and in- 
dexing of the historical manuscripts. The use now^ being made of 
these materials by students of Texas history demands that this work 
be not longer delayed. 

Likewise the bringing together in the State Library, as provided by 
law, all the historical manuscripts and records now dispersed among 
the various State departments should be undertaken at the earliest 
date possible. As they are situated at present it is impossible to 
put them to their proper use or to give them proper care. The service 
of an archivist is reciuired for this task. 

HISTORICAL WORK AND RESEARCH. 

The number of students engaged in serious study, who avail them- 
selves of the resources of the State Library, shows a gratifying in- 
crease. During the past year and a half Mr. Justin H. Smith, of 
Boston, who is making a study of the IMexican War, has had special 
investigations made in the archives of the State Library. Dr. Her- 
bert E. Bolton, of Leland" Stanford University, who is working on the 
early Spanish period of Texas history, has made loans from the li- 
brary. Various members of the faculty of the school of 'history- of 
the University of Texas, as well as their advanced students, have con- 
stant occasion to use the State Library's collection of materials on 
Texas. Almost every issue of The Quarterly of the Texas State His- 
torical Association shows the State Library among the sources from 
whence its contributions are drawn. 

Not only are investigations being made, but results are being pub- 
lished. Tlie following are some of the more important: 



Texas Librakv and Historical Coalmission. 17 

The South in the Building of the Nation. Richmond: The Southern His- 
torical Publication Society, 19U9. 8vo. 12 v. 

Contains: Texas a part of ^Mexico. By C. W. Hutson. 
Texas as a Republic. By E. C. Barker. 
Texas in the Federal Union, By S. P. Brooks. 
Texas in the Confederacy. By C. W. Ramsdell. 
Texas in the New Nation, 1865-1909. By C. W. Ramsdell. 
The State finances of Texas. By E. T. Miller. 

G.vRRisox, George P. 

Diplotnatic correspondence of the Republic of Texas. Vol. 1. In volume 
2 of the Annual Report of the American Historical Association for the Year 
1907. Washington: Government Printing Office, 1908. Svo. 

Volume 2 is now in press. 

Ad.\.ms. Ephraim D. 

British interests and activities in Texas. 1838-1846. Baltimore: Johns 
Hopkins Press, 1910. Small 12mo. 

Ramsdell. Charles W. 
Reconstruction in Texas. New York: Columbia University, 1910. Svo. 

Potts, Charles S. 

Railroad transportation in Texas. Austin: The University of Texas, 1909. 
12mo. 

Ever\" step taken by the State Library in cataloguing-, indexing and 
making more readily available the materials relating to the history of 
Texas will directly benefit investigators and to a certain extent en- 
courage and facilitate their labors. 

IMPORTANT accessions. 

a. Books, 

The State Library is under obligation to look after the historj^ of 
the State as is no other library in the State. Mindful of this fact, 
the library has been on the qui vivc continually for materials that 
relate to Texas or to Texans. During the period covered by this re- 
port, 130 volumes and 50 pamplilets of .Texas material have been pur- 
chased. Many of these items are long out of print: some of them are 
published in German, some in French and some in Spanish. 

b. Newspapers, 

The library was fortunate in acquiring by purchase a file of the 
Neu Braunfelter Zeitung covering the period from November 2:"), 
1853, to September 20, 1872. This was the personal file of the ed- 
itor, Dr. Ferdinand Lindheimer, a schol.-ir who enjoyed an inter- 
national reputation 'as a botanist. 

Files of newspapers are valuable as records of events. They are 
not ver}' plentiful. The State riii)rary's eollection of early Texas 
newspapers needs to be grcuitly increased. 
2— Lib. 



18 First Biennial liEPfjirr of the 

c. Manuscripts. 

The additions of mar.uscript niatorial duririir the past eiirhteen 
months are important and have added much to the library's re- 
sources. 

(1) Jud^'e Hutchinson's Diai'v. The library secured by pur- 
chase from a bookseller in llarrisburg, Pa., the original manuscript 
diary of Judge xVnderson riutehinson. Judjie ITntchinson was hold- 
ing district court at San Antonio when he and 56 others were cap- 
tured September 11, 1842, and carried captive to AFexico and im- 
prisoned in the Castle of Perote. Tlie diary covers the period be- 
ginning- with the opening of the term of court, September 5, 1842, 
and ending with Judge Hutchinson's return to the United States 
in July, 1843. 

(2) Burnley Papers. A number of important original letters of 
Albert Triplett Burnley, loan commissioner of the Republic of 
Texas, 1837-1840, were bid in by the library at an auction sale in 
New York City. Since the acciuisition of this material a biograph- 
ical sketcli of ]M]'. Burnley, who, outside of the particular mission in 
which he served the Republic, was almost unknown in the annals of 
Texas, was obtained from a daughter who resides in Kentuck^\ 

(3) Lost manuscripts restored to State Library. The report 
of the Commissioner of xVgrieulture. Insurance. Statistics and His- 
tory for 1891 contains following paragraph : 

The Spanish documents in the Archives of Bexar relating to the early settle- 
ment of Texas were by act of the legislature, August 25, 1856. translated and 
transferred, originals and translations, to the office of the Secretary of State. 
These papers consisting of two thousand pages legal cap appear, by Commis- 
sioner Spaight's report in 1882, to have been lost for awhile, then found and 
recovered by himself from the legal representative of the Alexander estate 
in Austin and restored to their proi)er place of deposit in this department as 
fixed by law. Some time between 1S82 and 1S86 these renowned documents, 
which had engrossed so Large a share of the public attention, to say nothing 
of their cost to the treasury, again disappeared from their place of custody 
without notice. 

The translations referred to above were discovered among the pa- 
pers in the Spanish Archives of the (General Land Office by the State 
Librarian, and. after satisfactory proof had been made, were turned 
over to the State Library by Commissioner Roluscm. 

(4) The Lamar Papcn-s. The most important accession to [\w 
historical archives of the State Librai-y made in. mtiuy years was the 
addition of the collet^tion of manuscripts made by {^resident ^Mira- 
beau B. Lamar. I'lie purchase was made possible by an act of the 
Thirty-fii'st Lc<rislature. and was ne'_rotlated by (nn-crnor Campl^ell. 
When classified and inch'xe(.l, the niattM-ials in this collection will 



Texas Library and Historical Commissiox. 19 

make possible important additions to our knowledge of some of the 
most interesting events in the earily history of the American settle- 
ment of Texas. 

d. Phonographic Fecord. 

Governor Hogg's Last Speech. A Columbia phonograph record 
of what may be called Ex-Governor Hogg's last speech was pre- 
sented to the State Library by Hon. 0. B. Colquitt. The history of 
this unique record is given by the Dallas Xeivs of November 7. 1905: 

It had been hoped that former Governor James Stephen Hogg would be 
able to attend the legislative banquet. His serious illness at Fort Worth pre- 
vented, although the dispatches state t^at he came near disregarding the 
advice of his physicians in the matter. In order, therefore, that the guests 
of the banquet might not be deprived of a message from the former Governor, 
Colonel S. E. ]Moss of Dallas went to P^ort Worth and had him spealv a few 
words into a phonograph. The phono,gTaph delivered the message in the 
banquet hall last night. The message is as follows: 

"Mr. Toastmaster and Gentlemen: In a recent nocturnal voyage on the 
watery waves of despair I drifted over the vortex of eternity, but was wafted 
back by the breath of fate. In this sensational journey I forgot neither my 
God nor my State. To Him I stood ready and willing to render a final ac- 
count, with no fear of my place in the great beyond. As to Texas, I felt 
there was yet much political work to be done in which every citizen should 
take a part. Before leaving here I should like to see rotation in ofhce per- 
manently established, nepotism forbidden, equality of taxation a fact, or- 
ganized lobbying at Austin suppressed, the free pass system honestly, effec- 
tively abolished, oil pipe lines placed under the commission's control, insolvent 
corporations put out of business, all bonds and stocks of every class of 
transportation line limited by law, corporate control of Texas made im])0s- 
sible, and public records disclose every official act and be open to all to the 
end that every one shall know that in Texas public office is the center of 
public conscience, and that no graft, no crime, no public wrong shall ever 
stain or corrupt our State." 

TEXAS alco\t:. 

The safeguarding of the valuable historical materials referred to 
above is as important as maldno- it accessible and usefid to the stu- 
dent. "WTien the new metal shelving was instaHed in the library, an 
alcove was specially desiinied to contain this material. PI(H*e. while en- 
tirely safe, it may nevertheless be consulted under excellent condi- 
tions as recrards li£ihtine and ventilation. 



SECRET JOURNALS OF TPIE SENATE. 

Amidst tlie multifai'ious duties of the li])rary ti?ne was found now 
and then in which to copy the Secret Journals of the Senate of the 
first eiirht congresses of the Republic of Texas. They have been care- 
fully compared with the oi'iginnls by the State Librarian. They are 
offered with this report as a sample of the manner in whicli the histori- 



20 First Biennial Eeport of the 

cal archives should be published under the title of Texas Archives. 
Texas has an abundance of historical materials. Few States equal and 
none excel her in the interest that attaches to their history. Noth- 
ing will do more to foster, encourage and make intelligent this inter- 
est than the publication of the sources whence it springs. 

II. LEGISLATIVE REFERENCE WORK. 

To be useful to the Legislature and to the various State officers in 
the performance of their official duties was the purpose had in view 
when the State Library was created. In a measure the State Li- 
braiy has served this purpose at all times, but the smallness of its 
staff and the addition of other duties have prevented the library 
from attaining to that degree of efficiency in this branch of the 
service that is higiily desirable in view of the vast increase of ma- 
terials relating to the subjects to be dealt with by legislation and of 
the multitude of measures that press upon the members of the legis- 
lature for consideration. When, therefore, new library legislation 
was placed upon the statute book by the Thirty-first Legislature, at- 
tention was again directed to the primary function of the State 
Library, and the Library Commission was commanded to maintain 
in the State Library a legislative reference section. The Commis- 
sioners for a long time were unable to find a man possessing the 
necessary educational and technical eciuipment who would accept 
the place at the salarj^ attached to it. Tlie services of ]\Ir. John 
Boynton Kaiser were finally secured. ^Mr. Kaiser is a graduate of 
^Yestenl Reserve University and of the Library School at Albany, 
N. Y. He was also for some time on the staff of the law division 
of the New York State Library. Although the work under ^Ir. 
Kaiser's immediate direction began near the close of the period cov- 
ered by this report, the following brief statement of what has been 
accomplished up to December 1st is added, with a view of bringing 
this branch of the library's service to the notice of as many citizens 
as possible. 

"Active work in this section was begun September 1st. Since that 
time the books on sociology and political science have been classilied. 
labeled and shelf-listed. The collection of session laws and statutes 
has been inventoried and listed: missing volumes of recent session 
laws and statutes were sought from the Secretaries of State of the 
various States; duplicates to the number of several hundred were 
removed from this collection and exchanged with one of the large 
law book firms for the latest compilations of statutes which the State 
Library did not have and could not obtain in exchange from otiier 
States. The library now possesses the latest statutes with session 



Texas Libkarv axd Historical Commission. 21 

la'v\'^ to date of thirty-ei^ht States, in addition to the session laws 
for a long" series of years, but without the latest compiled statutes, 
of practically all the remainin,£{' States and Territories. 

"This library has a complete set of the Legislative Bulletins of 
the New York State Library, comprising an annual iiidox to legis- 
lation, an annual digest of Governors' messages, and an annual re- 
view of legislation. Tliis set is of great value in all matters of 
legislative concern, and should be of much service to lawyers and 
lawmakers throughout the State. It dates from 1890, 

'•Recent expenditures for books and periodicals have been made 
largely with a view to increasing the serviceability of this section of 
the librar>\ The list of periodicals received is comparatively short, 
but aims to be representative. It includes literary, scientific, eco- 
nomic, historical, political, legal anci numieipal journals and some 
of the popular general periodicals. About fifty insurance .journals 
are turned over to the library by the State Insurance Commissioner. 
Bound files of the principal Texas daily papers cover the past thirty 
years. 

"New books added to the library tend to make the collection of po- 
litical science material representative of the best and latest thought on 
questions of current and increasing- prominence. Some of the sub- 
jects covered are penal reform, employers' liability, labor, race ques- 
tion, immigration, industrial education, railroads, juvenile courts and 
allied subjects, >;ocialism, woman's suffrage, conservation, municipal 
government, political parties and citizenship. 

"In addition to the books on the shelves classified by the Decimal 
system, there has been started a vertical file for pamphlet litei-ature. " 

III. LIBRARY EXTENSION. 

That public education is the business of the State is an accepted 
fact in Texas; that the free public library is an essential factor of the 
educational machinery is not so generally recognized, but equally true. 
The public library is to furnish education for young and old; it is 
to carrv' forward the work where the teacher nec(\ssarily drops it ; its 
aim is to promote the use of books that will help toward enlarging the 
powers of the individual industrially and otherwise, and toward rais- 
ing the standard of citizenship and of civic responsibility. 

The powers of the Texas Library and Historical Commission in re- 
gard to library extension are broad and generous in their intent. 
"The Commission shall give advice to such persons as contemplate 
the establishment of public libraries in regard to such matters as the 
maintenance of public libraries, selection of books, cataloiruing, 
and librarv manai::ement. The Conmiissiou shall have conducted library 



22 First Biennial Rei'ort of the 

institutes and eneoiiraLic library associations. The State Librarian 
Bhall ascertain the condition of all public libraries in this State and 
report the results to the Commission." 

The appropriation allowed for this branch of the Commission's* work 
placed very decided bounds to the extent of its activities. First of all, 
there had to be provided a reference collection on library economy. 
Sets covering' the last hve or ten years of Public Libraries, the Librai-y 
Journal, Library lV'o/7.-, Froceedings of the Amencan Library As- 
sociation, and the publications of a nimiber of State Library Commis- 
sions were obtained. There was provided a supply of the A. L. A. 
Library tracts, and of Handbook No. 2 of Texas Libraries for use in 
answ^ering inquiries. The work has been limited almost entirely to 
what could be done by correspondence, and there has been a good deal 
of that. 

The Commission with the small funds at its command could not hold 
special library meetings. It has, however, had representation on the 
programs of such bodies as the Texas Library Association and the 
State Federation of Women's Clubs. 

An effort w^as made to issue regularly a small publication called 
Texas Libraries, to be devoted entirely to matters of interest to libra- 
ries and people interested in libraries in this State. Want of funds 
made it impracticable. Two issues have appeared. It is believed 
that such a publication would prove exceedingly valuable in carrying 
forward the Commission's work. 

WHERE HELP IS NTIEDED. 

a. State Institutions. 

An effort was made to ascertain the condition of the libraries in the 
various State institutions named below. 

The Colony for Epileptics reports no library. 

The Insane Asylum at Austin reports ??c library. 

The Insane Asylum at San Antonio reports 600 volumes on male 
ward, 300 volumes on female w^ard, and 300 volumes in office of staff. 

The Insane Asylum at Terrell failed to report. 

The Confederate Home reports 1,100 volumes and has a librarian. 

The Orphan Home reports 732 volumes and has a librarian. 

The State Institution for the Training of Juveniles reports SoO vol- 
umes and has a. li})rarian. 

The Penitentiary at Kusk failed to report. 

The I Penitentiary at Iluntsville reports I:,000 volumes and has a 
librarian. 

The School for the Blind failed to report. 



Texas Library and IlisTORicAr. Commission. 23 

Tho School for the Deaf reports 3,000 volumes niitl has a librarian. 

The School for the Deaf and Blind (colored) re{)orts no lihrary. 

Certainly there is great room for improvement here. Only a few of 
the institutions are provided with librari(,^s. As a rule, these are 
small, and their books selected without particular reference to the 
purpose they are to serve. AVhile some have nominal librarians, not 
one has a trained librarian. In all probability it will be many years 
before they will be in position to employ the service of experienced 
librarians. Yet a library without a trained librarian is like a piano 
without a picinist; it may be valuable, even expensive, but it is of little 
use or pleasure. By increasing" the Library Commission's stalT 
it could at once aid each of these institutions by sending to them a per- 
son qualified to act as supervising librarian. This person could put 
in order the library, give instruction to the librarian in charge how 
to keep it in order, aid in the selection of books, and make available 
to each the re-ources of the State Library. 

b. Public School Libraries. 

"While the duty of the Libraiw Commission to aid in improving the 
library service of the various State institutions perhaps lies nearest, 
it is important that the Commission should be able to do its full duty 
to the public school libraries. Tlie growth of the latter during the 
past decade has been most remarkable. The importance of informed 
and wise guidance to a cause which means so much to the State is ap- 
parent. That a continuation of the growth of school libraries both as 
regards number and volume needs to be encouraged, appears from 
the figures below, which have been gathered from the biennial reports 
of the State Superintendent of Public Instruction. 

Number of Public School Libraries. 



In schools located 



1900-1901. 



1 


TVhite. 


Colored. 


Total. 


White. 


Colored. 


Total. 


In independent districts i 

Outside indepoadent districts 


1 ,280 


90 
2-2 


667 ! 

i.sn : 


238 
ir>9 


; 41 1 
12 1 


279 
171 


Total — ; 


1,8* h3 


112 


1,978 I 


3;)7 


i 53 

i 


450 



Numbe.- of Volumes in 


Public ! 


School Li 


braries. 






In schools located 




1909-1910. 






1900-1901 . 




White. , 


Colored. 


Total. 


White. 


Colored.! 


Total. 


In independent districts 

Outside iiidepenilent districts. 


; isn.toi I 

i 67,450 j 


12, .528 
1 ,2(10 


198,rt2<> 
(■.8,750 


60.987 
13,262 


6,750 ! 
3S<5 , 


76,7.'?7 
13, SOS 


Total —.- - - 


[ 2.->^S.51 , 


l;!,8iS 

1 


267,679 


73,24«> 


7.0S6 


5».335 



24 First Biennial Report of the 

An increase in ten years in the number of public school libraries 
from 450 to 1,97S, and an increase in the number of volumes in these 
libraries from 90,335 to 267,679 shows a tendency in the right direc- 
tion. However, it is little better than a beainnino-, for it should be 
remembered that in 1909-10 there were 949,006 children of scholastic 
age distributed amon^r 11.668 schools. What are 1.978 libraries to 
11,668 schools or 267,679 volumes to 949,006 school children? 

c. Free Public Libraries. 

There are 30 free public libraries in Texas. Of this number, one 
was opened at Abilene within the past eighteen months. Four others 
have their buildings completed and will be ready for opening in a 
few months: they are Ballinger, Stamford, Sulphur Springs and 
Winnsboro ; they are not included in the thirty. Several public sub- 
scription libraries were started. A library building costing $15,000 
was erected at the Southwest Texas State Normal School, and a mag- 
nificent building for the University of Texas Library is now under 
construction. Campaigns for free public libraries are in progress in 
a number of cities. 

The history of free public libraries in Texas dates back only ten or 
twelve years. Remarkable progress has been made during this brief 
period by the libraries in the large citi63s. The success of the public 
library in the smaller cities has been varied, AYhere the financial sup- 
port has been anything like adequate and the administration in com- 
petent hands they have done excellent work, but there are some cities 
in Texas where the authorities seem to entertain the idea that the pub- 
lic library can subsist on charity and still do valiant service in the 
cause of education. Such cities need to be waked up; they are 
proper subjects for the attention of the Library Commission when the 
latter has the means to attend to them. The new library enterprises 
also could be greatly helped by the Connnission if the latter had the 
means to send them a represeutative. 



TkXAS LlBRARV AND HISTORICAL COMMISSION, 



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26 First Biennial Report of tpie 

In conclusion I wish to thank the Library Commissioners for their 
courteons treatment and for the contidence reposed in me. To Mrs. 
Laura V. Grinnan, Mr. John B. Kaiser and ]Mr. E. Swiedom my ac- 
knowledg-ments are due for the loyalty, industry and efficiency which 
each has brou^rht to his particular work in the State Library and which 
made possible the progress recorded in this report. 

Very respectfully, 

E. W. Winkler, 
State Librarian. 



APPENDIX 



PERIODICALS AND NEWSPAPERS RECEIVED. 
a. Periodicals. 
American City. m. N. Y. 
American Forestry, m. Washington. 
American Gas Light JournaL w. N. Y. 
American Historical Review, q. N, Y. 
American Journal of Sociology, m. Chicago. 
A. L. A. Booklist, m. Chicago. 
American Industries, m. N. Y. 
American Review of Reviews, m, N. Y. 

American Academy of Political and Social Science. Annals. Phil. 
Atlantic Monthly. Boston. 
Bankers Magazine, m. N. Y, 
Book Review Digest, m. Minneapolis. 
American Library Association. Bulletin, bi-m. Chicago. 
Association for International Conciliation. Bulletin, m. N. Y. 
Bulletin of Bibliography, m. Boston. 
Central Law Journal, w. St. Louis. 
Christian Science Journal, m. Boston. 
Collier's Weekly. N. Y. 
The Commoner, w. Lincoln. 
Confederate Veteran, m. Nashville. 
The Confidential Banker, m. Council Bluffs." 
Coyote, m. Austin. 

Cumulative Book Index, m. Minneapolis. 
Current Literature, m. N. Y. 
The Dial. s-ra. Chicago. 
Educational Review, m. N. Y. 
Engineering and Mining Journal, w. N. Y. 
Engineering Magazine, m. N. Y. 
Equity Series, q. Philadelphia. 
Everybody's Magazine, m, N. Y. 
The Financial Age. w. N. Y. 
Good Roads ^Magazine, m. N. Y. 
Gulf Coast Magazine, q. Kingsville, Texas. 
Hampton's Magazine, m. N. Y. 
Harvard Law Review, m. Cambridge. 

Index to Legal Periodicals and Law Library Journal.' q. Boston. 
Journal of the American Institute of Criminal Law and Criminology, bi-m. 

Chicago. 
Journal of the Illinois State Historical Society, q. Springfield. 
La Follette's Weekly Magazine. Madison. 
Library Journal, m. N. Y. 
Literary Digest, w. N. Y. 
Logical Point ^^lagazine. m. New Orleans. 
Maryland Historical Magazine, q. Baltimore. 
McClure's Magazine, m. N. Y. 
Municipal F]ngineering. m. Indianapolis. 
Municipal Journal and Engineering, w. N. Y. 
The Nation, w. N. Y. 
National Magazine, m. Boston. 
National Monthly. Buffalo. 
Outlook, w. N. Y. 
Overland Monthly. San Francisco. 
Political Science Review, q. Baltimore. 
Practical Engineer, m. Chicago. 
Progressive Houston, m. Houston. 



28 First Biennial Report of the 

The Public, w. Chicago. 

Public Libraries, ra. Chicago. 

Public Service, m. Chicago. 

Publishers' Weekly. N. Y. 

Readers' Guide to Periodical Literature, m. Minneapolis. 

Rice Industry, m. Houston. 

Scientific American with Supplement, w. N. Y. 

Sewanee Review, q. Sewanee. 

South Atlantic Quarterly. Durham. 

Southern Industrial and Lumber Review, m. Houston. 

Southwestern Electrician, m. Houston. 

Southwestern Pharmaceutical Journal, m. Dallas. 

Special Libraries, m. Boston. 

Survey, w. N. Y. 

Texas Bankers' Journal, m. Houston. 

Texas Board of Health. Bulletin, m. Austin. 

Texas Magazine, m. Houston. 

Texas Medical Journal, m. Austin. 

Texas Methodist Historical Quarterly. Georgetown. 

Texas Presbyterian, m. Dallas. 

Texas Railway Journal, m. Fort Worth. 

Texas Realty Journal, m. Houston. 

Texas School ^Magazine, m. Dallas. 

Texas State Historical Association. Quarterly. Austin. 

Twentieth Century Magazine, m. Boston. 

University of Texas. Bulletin, s-m. Austin. 

Texas Department of Agriculture. Bulletin, bi-m. Austin. 

Voter, m. Chicago. 

U. S. Congressional Record. 

Crop Reporter, m. • 

Experiment Station Record, m. 

jMonthly Catalogue of United States Publications. 

Monthly Weather Review. 

OfRcial Gazette of the United States Patent Office, w. 
William and Mary College Quarterly. Williamsburg. 
World's Work. m. N. Y. 
Yale Review, q. New Haven. 

&. Insurance Journals. I 

i 
The insurance journals listed below are received by the State Library \ 

through the courtesy of the Commissioner of Insurance and Banking. ' | 

Agents Record, m. Detroit. j 

American Agency Bulletin, m. Boston. 
American Exchange and Review, m. Philadelphia. 
The Argus, tri-m. Chicago. 
Assurance, m. N. Y. 

Baltimore Underwriter, s-m. Baltimore. 
Best's Insurance News. m. N. Y. 
Best's Life Insurance Xews. m. N. Y. 
The Budget, m. Baltimore. 
The Bulletin, m. Toronto. 
The Chronicle, w, Montreal. 
The Fraternal Monitor, m. Rochester. 
The Indicator, s-m. Detroit. 
Insurance, w. X. Y. 
The Insurance Age. m. N. Y. 

The Insurance Field. (Fire and Casualty edition.) w. Louisville. 
The Insurance Field. (Life edition.) w. Louisville. 
The Insurance Herald, w. Atlanta. 
The Insurance Index. (American edition.) m. N. Y. 
The Insurance Journal, bi-w. Hartford. 
The Insurance Leader, m. St. Louis. 
The Insurance :\[agazine. m. Kansas City. 
The Insurance News. m. Philadelpiiia. 



Texas Library and Historical Comaiission. 29 

The Insurance Observer, s-m. N. Y. 

The Insurance Pose. s-m. Chicago. 

The Insurance Press, w. X. Y. 

Insurance Report, m. Denver. 

The Insurance Times, m. N. Y. 

The Insurance Vindicator, s-m. New Orleans. 

The Interview, m. X. Y. 

Life Association Xews. m. N. Y. 

Life Insurance Courant. in. Oak Park. 111. 

The Life Insurance Independent, m. X. Y. 

Mutual Underwriter, m. Rochester. 

The Xational Annuity, q. Kansas City. 

The National Economist, m. Des Moines. 

N. F. C. Bulletin, m. Lansing. 

X'atiohal Fire Protection Association. Quarterly. Boston. 

OfRce and Field, m. Toronto. 

Pacific Underwriter, s-m. San Francisco. 

Philadelphia Intelligencer, m. Philadelphia. 

The Record, m. N. Y. 

Rough X'otes. w. Indianapolis. 

The Southeastern Underwriter, m. Atlanta. 

The Spectator, w. X\ Y. 

The Standard, w. Boston. 

The Surveyor, bi-w. X. Y. 

Texas Insurance, s-m. Dallas and Houston. 

The United States Review, w. Philadelphia. 

Views, m. Washington. 

The Vigilant, m. X. Y. 

The Weekly Underwriter. N. Y. 

Western Insurance Review, m. St. Louis. 

Western Review, m. Chicago. 

c. Library and Library Commission Publications. 

American Library Association. Bulletin, bi-m. Chicago. 

Library Journal, m. X. Y. 

Library Work. q. Minneapolis. 

Public Libraries, m. Chicago. 

California Stare Library, Sacramento. Xews Xotes of California Libraries, q. 

Indiana State Library, Indianapolis. Bulletin, bi-m. 

Indiana Public Library Commission, Indianapolis. Library Occurrent. q. 

Iowa Library Commission. Des Moines. Iowa Library Quarterly. 

Minnesota Public Library commission. Sr. Paul. Library Xotes and Xews. q. 

Xew York Department of Education. Albany. X'ew York Libraries, q. 

Xew York Public Library, X. Y. Bulletin, m. 

Rhode Island Department of Education. Providence. Library Bulletin, q. 

Virginia State Library, Richmond. BuUedn. q. 

Wisconsin Free Library Commission, Madison. Wisconsin Library Bulletin, q. 

d. Texas Netcspapers. 

Abilene: The Abilene Farm Reporter. T. and V. 

Abilene: The Western Evangel. W. 

Alto: The Alto Herald. F. 

Amarillo: The Weekly Herald. Th. 

Angleton: The Angleton Times. F. 

Aquilla: The Aquilla Times. F. 

Aspermont: The Aspermont Star. Th. 

Athens: The Athens Review. Th. 

Atlanta: The Atlanta Xews. Th. 

Austin: Das Wochenblatt. Th. 

Austin Daily Statesman. 

Texas Vorwaerts. F. 

Austin Daily Tribune. 
Ballinger: The Banner-Leader. F. 



30 First BiExXNIxVL Report of the 

Ballinger: The Runnels County Leader. F. 
Beaumont: The Daily Enterprise. 
Beeville: Beeville Weekly Picayune. F, 
Bellville: The Bellville Times. Th. 
Belton: The Journal-Reporter. F. 
Big Sprinp;s: The Enterprise. 'F. 
Boerne: The Boerne Star. F. 
Brady: The Brady Enterprise. F. 
Brenham: Brenham Even in 2: Press, d. 
Bridgeport: Wise County Index. F. 
Bryan: The Bryan Eagle and Pilot. Th. 
Burleson: The Burleson Xews. F. 
Caldwell: Caldwell Xews Chronicle. F. 
Calvert: The Courier-Chronicle. F. 
Carbon: The Carbon Xews. Th. 
Carrizo Springs: The Javelin. S. 
Carthage: The Panola Watchman. W. 

East Texas Register. 
Celina: The Celina Record. F. 
Center: The Champion. W. 
Channing: The Channing Courier. S. 
Childress: The Childress Index. F. 
ChlUicothe: Chillicothe Independent. F. 
Clairemont: The Clairemont Enterprise. F. 
Clarendon: The Banner-Stockman, F. 

The Clarendon Chronicle. W. and S. 
Clarksville: The Clarksville Times. T. 
Claude: The Claude Xews. F. 
Cleburne: The Weekly Enterprise. Th. 
Coleman: The Democrat-Voice. F. 
Comanche: The Pioneer Exponent. F. 
Conroe: The Conroe Courier. T. 
Cooper:^ The Cooper Review. F. 
Corpus 'Christi: The Corpus Crony. S. 
Corsicana: Corsicana Democrat and Truth. F. 
Crockett: The Crockett Courier. Th. 
Crowell: The Foard County Xev.s. F. 
Cuero: The Luero Daily Star. W. 
Cumby: The Cumby Rustler. F. 
Dalhart: The Dalhart Texan. S. 
Dallas: The Baptist Standard. Th. 

Dallas iMorning X^ews. d. 

Dallas Times-Herald, d. 

Texas Christian Advocate. Th.. 

Texas Farmer. S. 
Decatur: The Decatur Xews. Th. 
Denison: The Industrial Record. S. 

The Denison Semi-Weekly Herald. T. and F. 
Denton: Record and Chronicle. Th. 
Devine: The Devine Xews. Th. 
Dublin: The Dublin Progress. F. 
Eden: The Eden Echo. F. 
Elgin: The Elgin Courier. Th. 
Ennis: Ennis Weekly Local. Th. 
Fairfield: The Fairfield Recorder. F. 
Farmersville: The Farmersville Times. F. 
Ferris: The Ferris Wheel. F. 
Floresville: Floresville Chronicle. S. 
Floydada: The Plovd County Hesperian. Th. 
Fort Worth: Farm Cb-Oi)erator. \V. 

Fort Worth Record, d. 

The Stockman-Journal. T. 

Union Planner. S. 
Gail: The Borden Citizen. Th. 
Galveston: The Galveston Daily Xews. 



Texas Library and Historical CoxMmission". 31 

Garland: The Garland News. F. 

Gatesville: The Oatesville .Messenser and Star-Fonim. F. 

Georgretown: Williamson County Sun. Th. 

Giddings: Giddings Deutsches Volksblatt. Th. 

Gilmer: Upshur County Echo. Th. 

Goldthwaite: The Goldthwaite Eagle. F. 

Grand Saline: The Grand Saline Sun. Th. 

Greenville; The Greenville Banner. W. 

Greenville Messenger. F. 
Groesbeck: Groesbeck Journal. Th. 
Groveton: The Trinity County Star. P. 
Halletsville: Halletsville Herald. F. 

The Halletsville New Era. F. 
Haskell: The Haskell Free Press. S. 
Henderson: The Rusk County News. W. 
Henrietta: The People's Review. F. 
Hereford: The Hereford Brand. F. 
Higgins: The Higgins News. Th. 
Hillsboro: The Hillsboro Mirror. W. 
Holland: The Holland Progress. F. 
Hondo: The Hondo Anvil Herald. S. 
Honey Grove: The Weekly Texas Citizen. F. 
Houston: Houston Chronicle, d. 

Houston Post. d. 

The Houston Labor .Tournal. S. 

Texas Deutsche Zeitung. Th. 
Hubbard City: The Hubbard City News. F. 
Irving: The Irving Index. S. 
Jacksboro: Jacksboro Gazette. Th. 
Jayton: The Jayton Herald. F. 
Jefferson: Jefferson Jimplecute. F. 
Karnes City: The Karnes Citation. Th. 
Kaufman: The Kaufman Sun. Th. and S. 
Kenedy: The Kenedy Advance. F. 
Kerrville: The Kerrville Mountain Sun. S. 
Kingsville: The Gulf Coast Record. F. 
Knox City: The Knox County News. F'. 

Southwestern Journal. F. 
Kosse: The Kosse Cyclone. Th. 
Ladonia: The Ladonia News. F. 
La Grange: La Grange Journal. Th. 

Svoboda. T. 
Lancaster: The Lancaster Herald. F. 
Laredo: Laredo Weekly Times. Sun. 
Leonard: The Leonard Graphic. F. 
Linden: The Cass County Sun. T. 
Lipan: The Lipan Register. F. 
Livingston: Polk County Enterprise. Th. 
Llano: The Llano Times. Th. 
Lockhart: Lockhart Post. Th. 
Lott: The Lott Clarion. F. 
Longview: County News. W. and F. 
McCauley: The McCauley Tribune. S. 
McKinney: The Weekly Democrat-Gazette. Th. 
Marble Falls: Marble Falls Messenger. Th. 
Marfa: The New Era. S. 
Marlin: The Marlin Democrat. W. and S. 
Mason: The Mason County News. F. 

The Mason County News. F. 
Merkel: The Merkel Teleii;raph. F. 
MesQuite: The Texas Mesquiter. F. 
Mexia: The Mexia Weekly Herald. Th. 
Moulton: The Moulton Eagle. F. 
Mt. Ple.rsant: The Times Review. F. 
Nacogdoches: The Weekly Sentinel. Th. 



32 First Biennial Eei'Ort of the 

Navasota: The Examiner Review. Th. 
Nocona: The Xocoua News. Th. 
Newton: The Newton County Record. Th. 
Omaha: The Omaha Breeze. W. 
Ozona: The Ozona Kicker. T. 
Palestine: The Palestine Advocate. F. 
Palo Pinto: Palo Pinto Coiiniy Star. F. 
Panhandle: The Panhandle Herald. F. 
Paris: The Paris Weekly News. Th. 
Pearsall: The Pearsall Leader. Th. 
Pecos City: Pecos Times. Th. 
Plainview: Hale County Herald. F. 
Piano: The Piano Star-Courier. Th. 
Pleasanton: The Pleasanron ^Monitor. Th. 
Quanah: The Quanah Tribune-Chief. Th. 

The Quanah Observer. W. 
Richardson: Richardson Echo. S. 
Richmond: The Texas Coaster. F. 
Riesel: The Riesel Rustler. F. 
Robert Lee: The Robert Lee Observer. F, 
Rockdale: The Rockdale Reporter. Th. 
Rock Island: The Rock Island Enterprise. F. 
Rock Springs: Th3 Rustler-Standard. S. 
Sabinal: The Sabinal Sentinel. F. 
San Angelo: The San Angelo Standard, d. 
San Antonio: The Weekly Dispatch. S. 

El Regidor. Th. 

San Antonio Daily Express. 

The Texas Stockman and Farmer. W. 
San Augustine: The Vidette, F. 
San Marcos: The San Marcos Leader. Th. 
San Saba: The San Saba County News. Th. 

The San Saba Star. F. 
Santo: The Santo Herald. F. 
Savoy: The Savoy Star. F. 
Schulenburg: Schulenburg Sticker. Th. 
Sealy: Sealy Weekly News. F. 
Seguin: The Seguin Enterprise. F. 
Seymour: The Baylor County Banner. F. 
Sinton: San Patricio County News. Th. 
Skidmore: The Skidmore Signal. F. 
Snyder: The Western Light. F. 
Somerville: The Somerville Standard. F. 
Sonora: The Sonora Sun. F. 
Stephenville: The Tribune. F. 
Sterling City: Sterling City News-Record. F. 
Sulphur Springs: The Sulphur Springs Gazette. F. 
Sunset: The Sunset Signal-News. F. 
Tahoka: The Lynn County News. F. 
Taylor: The Taylor Journal. Th. 

The Taylor Weekly Texan. F. 
Teague: The Teague Tribune. F. 
Temple: The Temple Mirror. S. 
Throckmorton: Throckmorton Times. F. 
Timpson: Timpson Times. F. 
Tolar: The Tolar Standard and Register. F. 
Tulia: The Tulia Standard. F. 
Tyler: Semi-Weekly Courier Times. W. and S. 
Waco: The Wee.kly Times-Herald. Th. 

Semi-Weekly Tribune. 
Waxahachie: The Waxahachie Enterprise. F. 
West: The West Times. F. 
Wichita Falls: T!ie Wo-kly Times. F. 
Wills Point: Wills Point Chronicle. Th. 
Wylle: The Wylie Rustler. F. 



Texas Library and Historical Commission. 



33 



Yoakum: 
Yorktown ; 



Yoakum Weekly Herald. Th. 
Tne Yorktown News. Th. 



Chicaa:o: The National Prohibitionist. Th. 

The Public. F. 
Boston: The Christian Science Monitor, d. 
Lincoln: The Commoner. 
Mexico: The Mexican Herald, d. 

2. PRINCIPAL GIFTS. 

Vols. Pams. 

Adams, Charles Francis 1 

A. & M. College of Texas 1 

Affleck, I. D 1 broadside 

Alabama State Library 3 

American Dramatics Club 1 

American Pharmaceutical Association 1 

Association of Life Insurance Presidents . 2 

Austin, City 1 

Baylor University 

Bonner, John H . 

Briggs, George Waverly 

Bromwell, Miss Henrietta E 1 

Bunker Hill ^lounment Association 1 

Burleson, A. S 82 1 

Burnley, i\Iiss Mattie A 1 manuscript 

California State Library 2 5 

Canada 9 11 

Carnegie Institute of Pittsburg 1 

College of Industrial Arts 6 

Colquitt, O. B 1 phonograph record 

Conference for Education in Texas 2 2 

Cureton, CM 2 

Colorado State Library 2 

Connecticutt State Library 17 22 

Cuba 1 

Daffan, IMiss Katie 1 

Dallas Public Library 5 

Dallas, City Auditor 1 

Dallas, City 1 4 

De Bar, Joseph k 1 

D. C. Library Association 1 

Dee, Albert 1 

Dunlap, O. E 1 

First Church of Christ, Scientist, Houston 1 

Florida State Library 7 

Foster, Rev. John T 1 

Founders' Memorial Volume, Philadelphia 1 

Gary, Hampson 1 

Gernand, J. H 1 

Goldbeck, ^Irs. Emilie 1 

Governor's Office 1 portrait, one flag 

Georgia State Library 35 34 

Gray, A. C 1 

Hispanic Society of America 2 

Homau, J. A 1 

Hoopes, J. W 1 

Horn, P. W , 1 

Houston, City 2 10 

Houston Lyceum and Carnegie Library 2 

Houx, N. P 1 

Idaho State Library 1 

Indiana PuIjHc library Commission 15 

Illinois State Library S 

Iowa State Library 52 SO 

3 — Lib. 



34 



FiR.ST Biennial Report of the 



Vols. 

Jensen, Thomas C 1 photograph 

Jewish Agricultural and Industrial Society 

Joint Labor Legislative Board 1 

Lauterbach. Edw 1 

Kansas State Library 9 

Kentucky State Library 13 

Louisiana State Library 3 

Maine State Library 40 

Marshall, John 1 

Maryland State Library 5 

Massachusetts State Library 53 

Library of Congress 31 

Los Angeles Chamber of Commerce 

Macmillan Company 1 

Manz. K. G 

Maryland Historical Society 9 

Massachusetts Historical Society 

Mel vin, James C. 1 

Minnesota Public Library Commission 

Minnesota State Library 1 

Mississippi Staie Library 8 

JMissouri State Library 31 

Montana State Library 2 

Moeller, Hugo 1 

Nebraska State Library .7 

Nebraska Public Library Commission 

Nevada State Library 2 

New Orleans Pui)lic Library 

New York State Library 195 

New Hampshire State Library ' 12 

New Jersey State Library 19 

New Mexico Territorial Library 14 

New Zealand 1 

North Carolina State Library 4 

North Dakota State Library 2 

Noyes, George H 

Ohio State Library 25 

Oklahoma State Library 1 

Oregon State Library 8 

Paddleford. J. A 

Pennsylvan ia State Library .' 71 

Pettengill, H. J 1 

Pierson, Mrs. Ida Pender 

Rhode Island State Liljrary 20 

South Carolina State Library ]8 

South Dakota State Library 6 

Tennessee State Library 7 

Thompson. Slason 

Royal Society of Canada 2 

Sansom. John W 

Silvin, Edward 

Southwestern University ] 

Southwestern Telegraph and Telephone Co 

Spencer, Job n R 

U. S. Civil Service Commission 5 

Supreme Court Library, Texas 38 

Supt. of Public Instruction 2 

Texas Bankers' Association 

Thompson, J. Lewis 

Thom{)son, Mrs. Wells 1 vol. newspaper 

Troop, Mrs. B. B 

Townsend, (;. A 1 

U. S. Brewers' Association 1 

University of Texas 1 



Pams. 

1 



1 

5 

7 

16 



44 
1 



12 
3 

11 

20 

2 

5 
2 
1 
50 
1 
1 
2 

6 

1 

1 

31 

10 

1 

46 

1 

24 



1 
1 

92 

4 



35 



Texas Library and Historical Commission. 



35 



Vols. 

University of Minnesota 2 

Utah State Library 2 

Vermont State Library 5 

Virginia State Library 8 

Wastiington State Library 5 

Williams, W. D 4 

West Virginia State Library 9 

Wisconsin State Library 7 

Wisconsin Free Library Commission 

Wyoming State Library 2 

Yale University 1 



Pams. 
12 



10 



30 



3. EXHIBIT OF RECEIPTS AND EXPENDITURES OF THE TEXAS 

LIBRARY AND HISTORICAL COMMISSION, APRIL 1, 1909, 

TO AUGUST 31, 1910. 



Salary of State Librarian for year ending August 31, 1009. 



,17551C,'^ 



Date. 


Vouener 
No. 


1 


To -whom paid. 


Amount. 


1909. 
May 29 
June iO 
July SI 


18 
30 
54 

78 

1 


1 

iE. 
\E. 
E. 
■E. 


W. Winkler 

TV. Winkler 

W. Winkler... _. _. 


' 


250 00 
125 00 
1'''5 00 


Aug. 31 




125 00 


Tota 


$ 


625 00 


Amo 


ant approp 


riated — _ _._ _ _ 


6''5 00 








Salary of State Librarian for year ending August 31, 1010. 


Date. 


Voucher 
No. 


i 


To T?hom paid. 


Amount. 


1909. 
Sept. 30 


11 
31 

47 
72 

87 
98 
17 
140 
162 
173 
195 
215 

I - - 


i 

Ie. 

iE. 
'E. 
E. 

E. 

:e. 

E. 
E. 
E. 
E. 
E. 
E. 


W. Winkler 


$ 


1''5 00 


Oct. SO 
Nov. SO 


W. Winkler 

W, Winkl'^r . _ __ . 


125 00 
l'»5 00 


Dec. 31 

1910. 
Jan. 31 
Feb. 23 


W. Winkler- _. ... . . 


125 00 


W. Winkler 

W. Winkler 


125 00 
125 00 


Mar. 31 


W. Winkler _ _ . 


1"''5 00 


April 30 


W. Winkler. .... 


I'^o 00 


May SI 


W. Winkler 


125 00 


June 30 


W. Winkler .._ _ 


125 00 


July 30 


W. Winkler 


125 00 


Aug. 31 


W, Winkler 


1''5 00 








Tota 


$ 


1,500 00 




unt appropr 




1,500 00 










Salary of Assistant Librarian for yea- ending Aug. 31, 1909. 






Date. 


Voucher | 
No. 1 


To whom paid. 


i Amount. 


1909. 
May 29 
June 30 


IS 

30 
54 

7S 

1 


Ml 
Ml 
M 
ill 


•s. L. V. Grinnan 

"s Xf. V Orinnun 


■$ 


200 00 
1(X> 00 


July 31 
Auff. 31 


•s. L. V. Grinnan 

•s. L. V. Grinnan - 


TOO 00 
lOO (JO 


Tota 


3 


500 00 


Amo 


unt appropr 


lated - - . _ 


500 00 









36 FmsT Biennial Report op the 

Salary of Assistant LibrariLin for year endiag: August 31, 1910. 



Date. 



Voucher 

^'o. 



To whom paid. 



19C'9. j 

Sept. 30 n Mrs. L. V. Grinnan : 

Oct. 30 31 Mrs. L. V. Grinnan i 

Nov. 30 47 Mrs. L. V. Grinnan i 

Dec. SI 72 Mrs. L. V. Grinnan 1 

1910. I 

Jnn. 31 87 Mrs. L. V. Grinnan ! 

Feb. 23 9S Mrs. L. V. Grinnan i 

Mar. 31 117 -Mrs. L. V. Grinnaa. I 

April 30 1-10 .Mrs. L, V. Grinnan ; 

May 31 l'i-2 .Mrs. L. V. Grinnan ' 

June SO 173 .Mrs. L. V. Grinnan i 

July 30 W'y John E. Kaiser _: 

Aug. 31 215 jJrs. L. V. Grinnan • 

Total _ I 

Amount appropriated ' 



Amount. 


1 


100 00 




100 00 




100 00 




100 oo 




100 oo 




1(X) 'X) 




loo oa 




100 GO 




100 00 




100 CO 




100 00 




ICO 00 


$ 


1,200 00 




1,200 00 







Salary of Porter for year cndin? August 31, 


10G9. 




Date. 


1 

Voucher 
1 No. 


To whom paid. 


Amount. 



1909. i ; ! 

June 30' 30 E. Swiedo^ '$ 40 00 

July 31 54 E. Swiedom _ i 40 00 

Axig. 31; 73 E. Swiodom | 40 00 

Aug-. 31' 78 Aluin Sweidom j 30 00 

Total - $ 150 00 

Amount appropriated _ - : 150 00 



Salary of Porter for year ending August ?1, 1910. 



Date. Voucher 

1 No. 


i 




To whom paid. 


Amount. 


15f39. 1 
Sent. 30i 


11 
31 

47 
72 

87 
98 
117 
140 
162 
173 
193 
215 


iE. 

;e. 

E. 

!e. 

I 

'e. 

F. 
E. 
K. 
E. 
E. 
E. 
E. 


Sweidom 




$ 40 00 


Oct. SO, 


Sweidom 




40 00 


Not. 30 


SwtM'doia 




40 00 


Dec . 31 1 


Sweidom 




40 00 


1919. ' 
Jan. 31 


Sweidom 




40 00 


Feb. 28 






40 00 


Mar. 31: 






40 CO 


April 30 


SwP'dom 




40 00 


May 31 


Sweidom 




40 00 


June 30 


Swt'idnm 




40 00 


July 30 
Aug. 31 


Sweidom 

Sweidom 


. 


40 00 

40 00 


Total 


$ 4 SO 00 


Amou: 


It appropri 


ated 




4S0 CO 











Texas Library and Historical Commission. 

Books for State Library lor 5'ear endin? Aujriist 31, 1000. 



37 



Date. Voucher 
No. 



To ^vhom paid. 



! Amount. 



1900. I i 

May 20 1 Statute Law P.ook Co. , Wa-hinc-'ton, D. C 

May 2'J 2 Thi? John JIoi)kins Pre^-. l;:'Al\\n(>ri',, Mil 

May ''.9 2 \V . W. iihike. .Mcvico City, ra.j.vico 

May 2'J -i American Xationai JJank, iti''!i;ii( :!<!. Va. 

May 'Z'J 5 Hou-hlon MiiUia Co., Bi.srr.n. .Ma-s. 

:.ray 2J: 6 F. K. Lohiiiann, Cyiiross Mills, Ti-xixs 

Mav 20 7 A. L. .\. Pub. r.oar:!. Bc?t> n. Ma-<>. 

July 6; 10 Tile Arthur H. Clark Co., Clevclarii! O;iio 

May 29^ 11 Ti>3 University ot C!ii<-a'ro Pros-;, (.iiic;'/,'!). 01 

May 29 12 iMcuTis t! t'o Fonnuy T)irf'.;tcry Co., (-ialvcston, Texas 

June 7: 19 Do(M, .Al.'ad .K; (_':>., Nov,- York. N. Y 

June IS; 2.3 A. C. M'.'Cinru'- & (i'o.. LUiit-a-jo, 111 

Juno IS 2o T.c.rJs I^anziL^-.^r, Ctiica,!?<), 111 

June 2-i' 27 Library Bureau. Ciiica^n. 111. 

July 12' o5 Carne.'-ie Institinion of Vra.-I.ington, D. C 

July 12 37 Tiie Coniederate Memorial Library Society, Richuiond, Va. 

July 12: 38 A. C. yu-ChiTH S: Co., CLica','o, 111. 

July 15' 41 E. W. Winkler, Au-^rin, Texa^ 

July 17' 43 The University of Chii-a-'-o i-rp>-, Cbica-o. Ill 

July 17' 45 I>ibrarv B;:reiin, Ne.v Orleans, La 

July 19! 4G A. C. McClur? ct Co., Chica'^'o, 111 , 

July 24i 4> E. Ste::;er & Co., Xev.- York. N. V 

July 27^ 40 GecrLTo Jacksrn. Daiia-. Tovas 

July 27^ ijl American National IJa.nk, Richinonri, Va 

Aufr. 7: 57 E. W. Winkler, .Vu^rin, Texa.- 

Ausf. 13 63 iE. VT. Winkler, Austin, Texa^ 

Aug:. 16' 65 The Torch Pre?s, Cedar Rapids, Iowa 

AuiJ. 10 67 :Francis Edwards, London, En<jlaad 

Ans- 10 03 E. W. Winkler, Austin, Texas 

Au?. 26; 75 K. W. Winkler, Austin. Texas 

Aug. 23; 77 .Mitchell Book and Stationery Co., Austin, Texas 

Total - 

Amount rppropriated 



$ 


45 24 




5 (jO 




1 (X) 




20 00 




1 25 




1 00 




16.08 




3 15 




6 92 




5 00 




4 50 




2 1^0 




1 50 




4 CO 




5 00 




2 1'^ 




9 53 




1 90 








4a 




1 25 




7 15 




26 03 




1 00 




10 00 




5 55 




2 25 




4 !i2 




102 S3 




5 77 




6 OS 




4 03 


$ 


316 20 




316 20 



Books for State Library, for year cndin.T August 31, 1910. 



Date. ! Voucher 
i No. 



To whom paid. 



Amouut. 



1909. 



Oct. 


li 


15 


Get. 


Si 


24 


Oct. 


18. 


26 


Oct. 


25! 


23 


Oct. 


23' 


29 


Oct. 


£0 


32 


Nov. 


1 


;^4 


Nov. 


4 


'••7 


Nov. 


IS 


39 


Nov. 


IS 


41 


Nov. 


IS 


42 


Nov. 


oo 


44 


Nov. 


29 


40 


Pec. 


3 


53 


Dec. 


15 


^ 


Dec. 


IS 


m 


Dee. 


21 


62 


Dee. 


<v 


64 


Dec. 


"7 


66 


Dec. 


27 


69 


Dec. 


23 


70 


1910. 




Jan. 


3 


76 


Jan. 


7 


7S 


Jan. 


10 


79 


Jan. 


13 


80 


Jan. 


L3 


SI 


Jan. 


19 


S3 


Jan. 


19 


84 


Feb. 


1 


90 


Feb. 


1 


91 


Feb. 


14 


93 


Frb. 


14 


94 


Feb, 


K. 


?6 


Feb. 


18 


97 



E. W. Winkler 9, 

P. A. Hanriok, Waco, Texas 

E. Stieirer & Co.. New York, N. Y ' _ 

Alfred Williams v^- Co.. Ral'.'Th. N. C ' 

Amprican National Bank. Ri.-hiiTon'i, Va 

Cammel Riblishin^r Co., El Pa<o. Texas • 

Thos. J. Tavlor, TuTuiton. Mass 

R. E. Twicli^Ml, Ea^i La-^ Ve-as, X. Mex : 

A. C. Van Velz.-r, Houston, Texas 

Fredrick Lresr^r & Co., Erooklvn, N. \' 

Deuitt *.v- Snelline-. Oakland, Cal 

Tile Burnham Antique I5dok Store. Boston _._ : 

Noah Farnham ilorrison. Elizabeth, N, J 

E. W. Winkler, Austin, Texas 

A. C. McClur;? & Co.. Chicago. Ill , 

Henry Maikan, New York, N. Y' _. 

Noah Farnham Morrison, Elizabeth, N. J : 

W. W. Blake. .^lexico City, Mexico 

The H. W. Wilson (i^o. , .Minneapolis, Minn 

American National Bank, Rii-hs'iomi, Va 

The Arthur H. Clark Co., Cleveland, Ohio ! 

The Nicl Morrow Ladd Book Co., Brooklyn, N. Y. i 

Noah Farnham Morrison, Eli:-:abeth, N. J ' 

The ATtlmr H. Clark Co.. Cleveland, Ohio ! 

Fdward Bovle, Treas.. Cbica!::o, 111 

E. W. Winkler. Austin, Tcvas : 

Joseph MrDorroueh Co., Albany, N. Y' : 

F. L. Shettlcs. Calvert, Texas , 

'^rnauth, Nachod <.\: KiK'iin. New York _.. 

Kimbail Br.s., Albany, N. V _.. ' 

America Book Co.. ArnericTis, (ia , 

C. ^V. Trp-it. Nashvi!>, 'V,-\n _ _ '. 

Ceo. M. Mischke. New York. N. Y | 

E. W. Winkler, Austin. Texas ' 



48 00 


4 00 


4 49 


1 50 


10 00 


6 00 


5 00 


2 50 


1 ;50 


8 64 


2 25 


6 75 


4 47 


25 56 


11 17 


1 53 


1 52 


13 r-0 


1 (^ 


10 CO 


2 25 


3 11 


2 61 


3 35 


4 OO 


3 29 


1 43 


2 00 


5 81 


3 16 


6 15 


6 80 


2 70 


5 78 



38 



First Biennial Keport of the 



Date, j Voucher 
i No. 



. o whom paid. 



Amount. 



Mar. T 

Mar. 12 

Mar. 19 

Mar. lu 

Mar. 10 

Mar. -25 

Mar. 25 

Mar. 2.1 

April 

April 22 

April 23 

April 23 

April 23 

April 

April 

May 

May 

May 

May 

May 

May 

May 

May 

May 

May 

May 

May 

May 

June 7 

June 11 

June 11 

July 

July 

Uaf 

July 

July 

July 

July 

Au^. 

Au^. 

Aug. 

Au^-. 

Sept. 

Sept. 



102 
lOl 
li'i 
lOT 
1U1» 
113 
lU 
115 

lis 

127 
13'-) 
13i 
132 
133 
137 
143 
144- 
14'i 
151 
152 
153 

1st 

1.5.3 
1,5G 
157 
livi 
159 
1(K> 
16-3 
167 
171 
175 
176 
1.5.5 
IS'^ 
IM 
i:'3 
191 



£0*> 
2 OS 
221 



The Burnham .\ntique Book Store, Boston, Mass. 

i:. W. Winkler, Au?^tin, 'iVxasi 

T!)0 Nral Pub. Co., \V;i-iii';-ti;n. D. (J 

Chas. i..i!,'eworth Jonr.^, Au-cti^ia, Ga 

ijeor;:-'9 A. i-'roctor, .Austin, '!'e.\;is 

Noah i-'arnhani .Morrison. Ell/uhctii, N. .J 

A. C. McCiuri? c"c Co., Ctiica::o. 111. 

.Joseph .McDon<nm'h Co., Alba:./, X. V 

Trie II. \\'. \Sil><Hi Co., Minnoicoii?, Minn 

Charles W. KuuisiifU, .Vuscin, Toxii> 

Frank J. Wihior, ^jaruto^,'.- .Sprin-s. N. Y 

Joseph .MoDonouirh Co., .\lb:iay. X. Y 

(^anuners Book .•Stor»% .A.r.<i. ]•). Texas 

L'e Win A; Snelliiiir, Uaklu;ia, Cai 

li. .-V. .Moos, ."ran .Vnconio, Ti-va- 

l-rederick Loeser oi Co.. Brooklyn, N. Y 

11. .\. Moos. Sau .A.ntonio, T.'xas 

.'^hepa^d Book Co., .^alt Lake City, Utah 

i-:. \V. Winkler, .\ustin. Texas 

>;aniucl N. Khc.a<is, l-hihTitlptiia, Pa 

William ii. Sniitii, -h-., Newark, Conn 

.\. -J. Huston, liocklaad, 31e ___ 

X. G. McClurs? di Co., Chicago, 111 

John W. Cadby, .-Ubany, .\. Y 

The State Co., Columbia, S. C 

Dodd, Mead & Co., Xew York, N. Y 

H. A. Moos, .San .A.ntonio, Texa? 

Burnham .Antique Book store, Boston, Mass 

.Mrs. Joim W. ilutrhs, So,'/., .-Vtiarira, Ca 

The Maryland Historical Society, Baltimore, Md.- 

E. W. Winkler, .\ustin, Texas 

H. H. Shirer. Fin. Secy., Columbus, Ohio 

Internation Tax .\?sn., Colambus, Ohio 

A. (":. McCIur- c^' Co., Chira',-o, 111 

Th-e II. W. Wilson Co.. .Minneai.olis, Minn 

The Spectator Co.. New Y'^ork. N. Y 

Georiria State Library, .Vtlanta, Ga 

E. W. Winkler. .-Vustin, Texas 

The Spectator Co., Now Y'or!:, N. Y 

American Press Co., Baltinore, Md 

Martin A; Hoyc Co., .ItJanla. Ga 

The University of Chicago Press, Chicago, 111 

.v. C. 3IeClurtr cV Co., Cliica-o. Ill 

Gammel's Book Store, Austin, Te.xas 



Total 

Amount appropriated 





2 50 




4 60 


! 


2 00 




1 00 




40 00 




90 


1 


2 49 




3 37 


; 


2 50 




2 00 




7 50 




90 




35 00 




2 75 




10 75 


1 


3 50 




2 00 


1 


8 75 




18 03 




3 50 




1 85 




2 00 




1 50 




5 34 


1 


2 15 


1 


4 .50 




2 35 




2 00 




2 50 




17 10 




3 50 




13 50 




4 00 


j 


1 50 


1 


2 25 




4 60 




1 25 




3 CO 




1 00 




2 56 


j 


15 CO 


i 


1 25 


1 


25 93 


' 


2 11 


'5 


500 00 


1 


500 00 



Gathering- Historical Data for year endinjj Aug-ust 31, 1900. 



Date, j Voucher 
! No. 



To whom paid. 



1909. I 
June 7' 
July 2' 
Aug. 19 



22 E. Stie?er & Co., New York, X. Y.. 

32 W. H. -Murray. East Lichlield, Conn 
67 Francis Edwards, London, England. 



Total 

AmouBt appropriated 





A.mount. 


$ 


3 
303 


53 

.50 
52 


$ 


;^S 
308 


55 
55 



Texas Library and Historical Commission. 39 

GatherLag Historical data for year ending August 31, 1010. 



Date. I Voucher i 
I No. 



To whom paid. 



19<X) 






Sept. 


3 


3 


Oct. 


8 


23 


1910 






Jan. 


19 


82 


April 


'22 


126 


April 


23 


131 


April 


26 


T:.3 


April 


29 


138 


May 


21 


156 


May 


2S 


161 


Juno 


7 


166 


June 


11 


172 


July 


1 


177 


July 


1 


17S 


July 


9 


ISl 


July 


26 


190 


July 


26 


192 


Auc:. 


11 


19S 


Au-. 


18 


201 


Au?. 


20 


207 


Sept. 


6 


220 


Sept. 


6 


219 


Sept. 


s 


227 



E. W. Winkler, Au.^tin, Texas... 
Wm. C. Armor, Harris burg, Pa. 



Amount. 



iBurnhani Antiquo Book Storo. Do^tdn, Mass 

iJohn I). Rulhnunii, Snn AriLunii^, Texas 

Aiiiericaii Pif'^s Co.. Balliniore, Md 

E. L. S!iottle>, Marlin. Texas 

E. W. Winkler, Austin, Tevas 

John W. Cadby, Albany, N. Y 

Louis ^:;i!^on, Xcu- I5raunfel~. Texas 

American Pres> Co., Baltimore, .Md 

Garainei's Book Store. .\;i-tia, Texas 

The Torch Pn's.^. Cedar Rapids, Iowa 

Lacin-American Book Co., New \o!'k, N. i' 

'American Pres, Co.. Baltimf;re, 3Id 

Latin-American Book Co., Xev/ York, N. Y 

American Press Co., Balriuiore, Md 

American Pre>s Co., Baitiinore, Md 

R. L. Thoiiip-on, Austin, Texas 

American National Bank, Rictimond, Va 

American Press Co., Baltimore, .Md 

W. W. Blake. .^lexieo City, Alexico 

■Gammel's Book Store, Austin, Texas 






Total 

Ammount appropriated 



$ 


39 27 




50 00 




2 00 




1 .50 




6 87 




3 00 




79 GO 




2 25 




190 00 




1 82 




31 50 




9 10 




6 OO 




5 C8 




3 50 




3 02 




4 30 




2 oi) 




10 OO 




2 75 




2.3 C) 




21 54 


$ 


500 CO 




500 00 



Subscriptions to Newspapers and Periodicals for year ending- August 31, 1909. 



Date. 


Voucher 
No. 


To whom paid. 


Amount. 


IOCS 


. 










May 


29 


14 


Baptist Standard Pub. Co., Dallas, Texas 


$ 


T50 


June 


25 


29 


Tiio H. 'W. Wilson Co., -Minneapolis, Tvliaa 


3 00 


July 


12 


SO 


The Boston Book Co., Bo-ton, Ma-- 




2 25 


July 


17 


43 


The University of Chiea'-'o Prf-s, Chi^'a-o, III _ 




2 70 


July 


27 


50 


American .Veadeniy of Political a.nd heirial Science. Phihi., Pa. 




5 CO 


July 


T.) 


.52 


American Association of Law Librari.s,. New York, N. Y 




10 CO 


July 


29 


53 


The Review of Reviews Co., New York, N. Y 




2 50 


Aug. 


7 


58 


American Political Science A:?5n. , Baltimore, Md .. 




3 00 


Aug. 


7 


59 


Texas Methodist Historical Association, Greenville, Texas 




1 OO 


Aug. 


1 


00 


Ginn \; Co.. P.uSLon, Ma-s 




6 OO 


Aug. 


y 


61 


The Universitv of Citicago Press, Chicago, 111 




1 80 


Aug. 


13 

14 


62 
04 


Confederate Ve-t-Tan, Nashville. Tonn. 




1 00 
1 80 


Aug. 


South Atlantic Pub. Co.. Dnriiam. N. C 


Aug. 


21 


69 


The II. W. Wil.^.;n. Co., .Minneapolis, .Minn 




6 52 


Aug. 


26 
Ota 


74 
1 


Thy Sewanee Review, Sewaneo, Tenn 




1 93 


T 


.^ 


50 00 


Amo 


unt appropriated „_ 




50 00 



40 First Biennial Report of the 

Subscriptions to Newspapers and Periodicals for year ending August 31, 1010, 

i 
To whom paid. I Amount. 



II. C. Ilolcornbc, Austin, Texas i^ 

An<ii:i ^tate^ir;an Co., Austin, Texas 

Tiie noLor.l Co., Fort Worth. Te^'as _ 

Ilwuston Prir.ting Co., H'luston, Texas 

Tne II. W. WiS-oM, (jo., :>Un:ica[.oli>^, Minri 

'i'iie fJevicv of IJevi.ws Co., New Vurk. X. Y 

T!ie H. \V. "\\'i!<ou Co., :Mirinpapolis, Zsllnn 

The il. W. V.'\l<(>:\ Co., Minneapolis, Minn 

Th.e American Cicy i'-ib. Co., New Yorlc, N. Y 

E'aylufk i'lib, Co., Dalla?, Texas. __. 



Date. 


Voucher 




i No. 


19CjO. 




Sept. 2 


1 


Sept. 7 


; 4 


Sept. 7 


: 6 


Sept. le 


8 


Sept. 21 


: 10 


Dee. 17 


50 


D<ro. 27 


05 


Dec. 27 


67 


Dec. 27 


OS 


Dec. CO 


71 


1310. 




Mar. 7 


101 


Mar. 12 


lu3 


Mar. 25 


no 


April 22 


121 


April 22 


1-2.3 


April 22 


129 


April C'J 


i:-;o 


Mav 10 


14.3 


May 10 


14S 


May 10 


149 


May 10 


130 


May 31 


1G3 


June 11 


1G9 


June 11 


170 


July 19 


ISS 


Aug. n 


199 


Aug. IS 


203 


Aug. SO 


2U 


Aug. SO 


212 


Aug. SO 


214 


Aug. 80 


21G 


Sept. 6 


2-22 


Sept. 6 


223 



Americus Book Co., Americus, Oa .__ _. 

Lyon G. Tyior, ^Villi-iii^^b'ir-, Va 

Arnorif'an Assn. of l.:i\v I,ibrarii^<, Nov.- York, N. Y 

.The University of Ciiii-a?o Piess. Chieas^o, III 

National Assn. of State Libraries, Madison, Wis 

Tlie Maryland Historical Society, Baltimore, Md 

Criiui »!.: Co.. Bcston, Mass 

T!ie Boston Book Co 

Special Libraiies Assn., Boston, Mafs 

Journal of t.ho American Inst, of Criminal Law and Criminology, 

; Chicago. 111. 

Arnericiin Political Science Assn., Baltimore, Md __. 

E. W. Winkler. Austin, Texas 

Frank R-.^euy, Mirr.. Or-orirerr-wn, Tox^is 

The L'nivor-ity of C!iica:?o Press, Chicago, 111 

R. li. E.l\var<is, Madison, Wis 

F,:\ieiV of Reviews Co., New York, N. Y 

P. W. Winkler, Austin, Texas 

International News Co., New York, N. Y 

Auieriean Acalr:iny of Pciitica! and Social Science, Phila., Pa 

II. C. Holconibe, Austin, Texas. ._. 

The Record Co.. Fort Worth, Texas _ 

An.ierican City Pub. Co., Now York, N. Y,_ 

Houston Printing Co., Houston, Texas 



Total 

Amount appropriated 



$ 23 00 


6 OO 


7 50 


8 CO 


3 00 


14 .5.5 


6 00 


7 50 


1 00 


1 00 


8 40 


3 00 


5 00 


2 70 


5 00 


6 75 


3 00 


1 00 


2 GO 


3 OO 


3 00 


1 00 


1 00 


1 SO 


1 15 


2 .50 


7 OO 


70 25 


5 CO 


23 00 


7 50 


1 40 


S GO 


$ 2.30 00 


250 00 



Binding and repair for year ending August 31, 1909. 
i \ — 

Date, j Voucher | To whom paid. ; Amount. 

I No. 

I ! ' 

1910. j ; • ■ 

Mar. li SS Von Eoeckmann- Jones Co.., Austin, Texas $ 5.3 lo 

Mar. 25' 84 Von Boeckrnaun-Jones Co., Austin, Texas ; 4() 90 

Total ^ 100 00 

Amotmt appropriated ._ . 100 go 

Binding and repair for year ending August 31, 1910. 
Date. Voucher; To whom paid. i Amount. 

I ^'o. I 

1910. I 

Mar. 2, ITj Vrn Boeckmann-Jonns Co., Austin, Texas , ? 20 20 

April 22' 123 V<-n Borckmann-Jfincs Co., Austin, Texas i Si'i 20 

April 26- 130 Von Bneckmarm-Jones Co.. Austin, Texas 15 43 

June 111 ir,R Caylonl Brrw.. Svraeuse. N. V.. , 973 

Oct. 3; 22s Von Boeckmann-Jones Co., Austin, Texas ; 142 S6 

1911. j I 

May 1: 229 Von Boeck-niann-Jones Co., Austin, Texas ! ICG 17 

Total __ $ noo ni 

Amnnnt appropriated 40<") 00 

Balance _ 9 39 



T"^XA3 Library and Historical Commission. 



41 



stationery, library supplies, postage, exprG.-53, freight, etc., for year ending: August 31, 1900. 



July 
July 
Au'-r. 
Aug. 



Date. 


Voucher 
No. 


To whom raid. 


j Amount. 


1D09. 
May 20 
^av 2:) 
June 7 


15 

17 ' 
20 
21 
31 
, 33 
24 
40 
42 
4t 


E. TV. Winkler, Austin, Texns 

I-:. V,'. Wink-lor. Austin, Texas 

K. W. TVi'ikli<r. A'h';-!, l\^\a< . 


? 10 CO 

1 00 

6 30 


Juna 7 


Tobin's B'jok Strire, Au-'lin, Texa*. . 


- - 2 '^5 


July 2 
July 2 
July 12 
Juiy 13 


Wells-FariTO Kxpross Co., Austin, Ti'xa.s 

F. W. Wink!er, Au-tui. Tcxa- _... _ 

Tobiu's Book Store, Vast in Texas _ 


— So 

33 4"^ 


E. W. "Winkler, Austin, Texa^ 


2 85 


July 16 
July 17 


Pacific Exuross Co., Austin, 'J'exas 

E. W. Winkler, Arstin, Texa-- 


60 

— ■ 4 CO 



iLibrary Burear., Nevv- Orleans, La 

;Ainorioan Express Co.. Austin, Texas 

Pacific }:xpress Co., Austin, Texas 

E. W. Winkler, Austin, Texas 



Total 

Amount appropriated 



S2 40 

1 07 

70 
41 



100 GO 
I'OO 00 



Stationery, library supplies, 


postage, freight, etc., for year ending August 31, 1910. 


Date. ; Voucher j 

i No. i 


To whom paid. j Amount. 



19<J3. ' I 

Sept. 2 2 lE. W. Winkler, Au^^tin, Texn? 

Sept. 7 5 !e. W. Winkler, Austin, Texas 

Sept. 16' 9 'Gaylord Bros., Syracr.se, X. Y 

Oft. 4 IS T.ibrarv Bureau, Bcston. Mass 

Oct. 4 19 A'Vplls-Fariro & Co., A^n^n, Texas 

Oct. 4 20 Tobin's Bv>ok Store, Austin. Texas 

Cot. 6 21 ^American I^x^ross Co., Austin, Texas— 

Nov. 5 .33 Tobin's Book ^t-cris Austin, Texas 

Dec. 2 50 iWells-Far-o Fxpress Co., Austin, Texas 

Dec. 3 52 E. W. Winkler, Austin, Texas 

Dec. 3 54 .Tobin's Book Store. Austin, Texas 

Dec. 7, 55 ;Library Bureau, Chicago, lU 

1910. 

Mar. 7 * 99 ;Tobin's Book Store, Austin, Texas 

April 9' 120 lAmerican Express Co., An=;tin, Texas. — 

April 10 122 E. AV. Winkler, Austin. Tcxn^ 

May 10 142 Tobin's Book Store, Austin, Texas _ 

May 31 im E. W. Winkler, Austin. Texas 

Au.g. IF 107 Tobin's Book Store, .\ustin, Texas 

Aug. 11 201 E. W. Wink'er, Austin, Tevas 

Sept. 6 224 ;.\merican E'>:pro':s Co., Aijstin, Te\'as--- 

Dec. 15 213 Tobin's Book Store, Austin, Texas 

Total 

Amount appropriated 



■^ ■ 5 00 


35 CO 


14 SO 


23 00 


SO 


73 41 


14 49 


2 18 


3 40 


3 67 


4 33 


5 45 


4 63 


3 31 


11 .50 


6 43 


to 


2 74 


13 50 


2 10 


9 92 


? 250 00 


250 00 



Collecting and disseminating information about public libraries, 

.Au-ust 31. I'JOO. 



for year ending 



Date. ; Voucher i To whom paid. 

I No. I 

19C>9. 

May 20 8 R. R. Booker. X>\v York, N. Y 

May 20 9 Library Bureau, Chicago, III 

Aug. 31 79 Library Bureau, Chicago, III 

Aug. 31' 80 The Bo^t- n Book Co-., Boston, Mass... 

Aug. 31 SI E. W. Winkler, Austin, Texas 

Total _ 

Amount appropriated _-. 



Amount. 



$ 


4 00 




1 00 




22 50 




22 00 




50 


■? 


50 00 




50 00 



42 



First Biennial Report of the 



Collecting: and disseminating information about public libraries, for year ending 

August ol, VJiO. 



Date. 



Voucher 
No. 



To whom paid. 



Amount. 



1909. 




Oct. IS 


27 


Nor, IS 


43 


1910. 




Jan. 3 


75 


Jan. 2a 


85 


Jan. 26 


S*i 


Jan. 31 


88 


AprU 9 


121 



■A. L. A. Publishing Board, Chicago, III. 
H. Kalph ilead, Berkley, (Jal 



A. L. A, Publishin.£r Board, Chicago, lU. 
American Library A<<.n.., Ciiica^'-o, 111. _. 

R. R. Bowker. >o'.v York, N. Y 

Library Bureau, Ciiicago. Ill 

E. W. Winkicr, Austin, Texas 



Total 

Amount appropriated 



21 68 


6 20 


1 00 


5 00 


4 C-O 


2 00 


10 12 



50 00 
50 OO 



Travelicg expenses lor year ending August 31, 1900. 



Date. 



Voucher 
No. 



To whom paid. 



Amount, 



1909. 
June 9 
June 25 
July 6 



23 Mrs, J. C. Terrell, Fort Worth, Texas.. 
23 Mrs. J. C. Terrell, Fort Worth, Texas. 
13 Richard Mays, Corsicana, Texas 



Total 

Amount appropriated 



17 10 
17 SO 
15 GO 



•? 50 00 

50 OO 



Traveling expenses for year ending August 31, 1910. 



1 1 
Date. ! Voucher j To whom paid. 
1 No. ! 


Amount. 


1910. i 

Aug. 30 200 E. W. Winkler, Austin, Texas 

Sept, 8 220 Mrs. J. 0. Terrell, Fort Worth, Texas 


$ 21 15 
13 70 



Total 

Amount appropriated 
Balance 



37 S5 
50 OO 
12 15 



Telephone rent for 3'ear ending August 31, 1909. 



Date. 1 Voucher 
j No. 




To whom paid. 


Amount. 


1909. 1 
Aug, 21' 71 


S, W. Tel, & Tel. Co. 


, .A.U3tin, Texas. 


$ 587 



Total 

Amount appropriated 
Balance 



$ 5 87 

20 00 
14 13 



Texas Library and Historic.vl CoiiMissiON. 



43 



Telephone rent for year endins August 31, 1910. 



Date. 



Voucher i 
No. 



To whom paid. 



^ 




$ 


4 00 




4 00 




400 




4 00 




4 00 




4 00 




4 00 




4 00 




4 00 




4 00 




4 00 




4 00 


$ 


48 00 




48 00 



1909, 
Oct. li 
Nov. 1! 
Dec. 2! 

1910. ! 
Jan. s! 
reb. li 
Mar. 7! 
April 9: 
May 10; 
May 31^ 
July li 
Aug. 1! 
Sept. 6 



14 

35 

49 

77 
89 
100 
119 
147 
164 
174 
19o 
217 



S. W. Tel. & Tol. Co., Austin, Texas. 
S. W. Te!. i-;; Tel. Co., Austin, Texas. 
S. W. Tel. 6c Tel. Co., Austin, Texas. 



S. W, Tel. & Tel. Co., Austin, Texas 

S. W. Tel. Sc Tel. Co., Austin, T,-x:i- 

S. W. Tel. & Tel. Co., .Aa.-^tin, Texa- 

S. W. Tel. & Tel. Co., ^\ustia, Texas 

S. W. Tel. dc Tel. Co., Austin, Tex;'.- 

S. W. Tel. & Tel. Co., Austin, Texa^ 

^3. W. Tel. c\: Tel. Co., Austin, Texti- 

S. W. Tel. & Tel. Co., Austin, Tox:.s 

S. W. Tel. & Tel. Co., Au.-,tin, Texas 



Total 

Amount appropriated 1 



Shelving for State Library for year ending Aug^ast 31, 1909. 



Date. Voucher 
I No. 



To whom paid. 



Amount. 



1909. I ' 

Aug. 2| 55 Hume Lumber Co., Austin, Texas 

Aug. 2: 56 C. M. Miller, Austin, Texas 

1910. ! ! 

Jan. 3' 82 The Snead & Co. Iron Works, Jersey City, N. J.. 



.-;$ 



Total 

Amount appropriated 



9 30 
2 75 



3S9 93 



$ 402 00 

I 402 00 



Shelving for books, newspapers and manuscripts, with tho necessary stack floors, railing-s and 
stairs, tables and chairs tor readinir room, otHce furrn'ture, lilin<^ cabinets for legis- 
lative reference seeiion, card catalogue cases, grating over windows in manu- 
script room, cases for Texas, ^Mexican and Confederate tiags, for 
the two -years ending August 31, 1911. 



Date. 



Voucher 
No. 



To whom paid. 



Amount. 



1909. 




Oct. 


1 


13 


Oct. 


7 


22 


Oct. 


28 


30 


Oct. 


30 


S:] 


Nov. 


1 


SG 


Nov. 


IS 


40 


Nov. 


27 


45 


Nov. 


30 


43 


Dec. 


3 


51 


Dec. 


7 


56 


Feb. 


7 


92 


Mar. 


19 


lOS 


Mar. 


25 


111 


Mar. 


25 


112 


Auff. 


30 


213 



J. TV. Loving, Austin, Texas 

Xalle & Co., ^>ustin, Texas 

Nalle v*o Co., Austin, Texas 

Waiter Tips, Austin, Texas 

J. W. Loving, .\ustia, Texas 

Xalle & Co., Ausrin, Texas 

Nalle A: Co., Austin, Texas 

G. W. Ziminermann, Austin, Texas _ 

XalL- i; Co., Au-^tin, TeAa> 

G. "W. Zimmerniann, Austin, Texa< 

The Snead t<: Co. Iron ^Vorks, .lersev City, X. 
The Snead S: Co. Iron Works, Jor,-ev City, X'. 
The Snead c^c Co. Iron Works, Jersey City, X. 

.■\Ierehants Transfer. Austi.n. Texas . 

Voss & Koock, Austin, Texas 



J. 

J 

J 



Total — 

Amount appropriated 
Balance available 



$ 


51 20 




71 87 




55 




60 




22 40 




5 25 




48 65 




3G 00 




. 2 05 




7 20 




1,684 90 




6CG 15 




70 00 




408 




6 35 


$ 


2,677 25 




3,0tW 00 




322 75 



44 



'First Bienni^vl Report of the 

Contingent expense for year ending August 31, 1909. 



Date, j 

i 


Voucher 
No. 




To whom paid. 






Amount. 


19C9. ' 
May 29 
July S 
July l:] 
Augr. 25 


16 

:u 

39 
72 
73 
7C 


E. W. ■Winkler, Austin, 
S. W. Tel. .^- Toi. Co., 
E. W. Winkler, A-istin, 
("r. C. Benjjoner ^t Brt)., 
Tobin's Book Storo, At 
E, W. Winkler, Austin, 


Texas 

■\.:i-;riii, Texas _ 








$ 5 45 
90 


Tvx;;> 

Austin, Texas 







2 30 

33 GO 

7 00 


Aus- "27 


Texas 



















Total 

Amount appropriated 



50 00 
50 00 



Contingent expenses, including- typeTvriter, for. year ending- August 31, 1910. 



Date. 

i 


Voucher 
No. 


To whom paid. 


Amotmt. 


1909. 1 
Sept. 9, 
Oct. li 


7 

16 
12 

17 
25 
57 
61 
63 

73 
74 

95 
104 
122 
141 
103 
179 
ISO 
182 
153 
1S4 
1S5 
1S^> 

2]0 

225 


Voss & Konck, Austin, Texas 

E. W. "Winklor, An.-'^iin. Texas.. ___ _ _. 


.? 6 05 
9 00 


Oct. 12! 
Oct. 1| 
Oct. IS 
Dec. n 
Dec. 18' 
Dec. 27| 
1910. 1 
Jan. 3 
Jan. 3' 


The Oliver Typewriter Co., Austin, Texas 

E. TV. Winkl.r. Austin, Texas ,. 

Roy A. Barhisch, Asrt.. Austin, Texas 

E. W. WinkV^r, Austin, Texas.. 

E. W. Winkler, Austin, Texas 

Floor Clean Co., Nashville, Tenn 

E. W. Winkkr. Austin, Texas 


72 9G 

2 SO 
15 00 

8 45 

10 75 

500 

3 00 
3 50 

19 61 

75 

5 97 

2 00 


Feb. 14: 
Mar. 12| 
April 9| 
Way 10' 


Yon Boeekmann-.Tones Co., Austin, Texas.. 

The S. W. Tel. & Tel. Co., Austin, Texas 

E. W. Winkler. Austin, Texas _._ _ 

Tobin's Book Store, Vu^tin, Texas. _ _ 


May £i: 
July 9; 
July 9. 
July 19i 
July 19 


E. W. W-p.kli.r, Au-tin, Texas 

Erwin Stuilken, Ar.stin, Texas _ _ 

E. W. Winkler Au-^tin Texa=; 


2 50 

16 50 

3 CO 


0. H. Milner, Austin, Texas I„I 

J. P. Thonip-on, Austin. Texas __ 


2 00 
2 00 


July 19 


J. A. Lott, Ar.^cin Te\a=; _ 


'' 00 


July 19: 

July 19 : 


E. Swiedom, Ar.;,tin. Texas 

Erwin Stuilken, An-iin, Texa- _ 


2 00 

3 CO 


Aug. 11' 


E. W. Winkler, Austin, n'exas .- __ _._ __ 


1 40 


Aug. 30^ 
Sept. 6 


E. WT. Winkior, Austin, Texas 

Lone Star Ice Co., Austin, Texas 


5 65 
2 11 








Total 


i5 •''00 ro 


Amount apprc 


priated 


200 c-o 



Receipts of State Library for certified copies for year ending August 31, 1910. 

Oct. 1, 1909, From Dayton :Mose3, Esq., Burnet $ 1 45 

Jan. — , 1010. From L. T. Sir a?. Livin-ston . _— 3 00 

July n, I'.riQ. From E. I. Hill, Ros. oe 3 00 

July 22, 1010. From Parker, Oi-.'ain and Butler, TSeauniont _._ IS 00 

Aug. 4, 1910. From Parker, Orgain and Butler, Beaumont 1 25 

$ 
Deposited to State's General Revenue account in Austin National Bank, 

January 3. i:ylO 3 1 45 

Deposited to State's General Revenue account in Austin National Bank, 

March 31. i;dO. 3 oo 

Deposited to State's General Revenue account in Austin National Bank, 

August 31, 1910 22 25 



26 70 



26 70 



Texas Library and Historical Commission 
THE STATE LIBRARY 



SECRET 

JOURNALS OF THE SENATE 

REPUBLIC OF TEXAS 

1836-1845 



EDITED FROM THE ORIGINAL RECORDS 
IN THE STATE LIBRARY AND THE DE- 
PARTMENT OF STATE BY ERNEST WIL- 
LIAM WINKLER, STATE LIBRARIAN. 



Austin Printing Company 
1911 



PREPARATORY NOTE 

The Secret Journals of the Senate of the Congresses of the Republic 
of Texas, except as noted below, have not heretofore been printed. 
As printed in tlie present volume, they follow closely the text, spell- 
ing, capitalization, and punctuation of the manuscript prepared by 
the Secretary of the Senate or his assistant. The secret messages of 
the President, sent to the Senate, have been compared with the orig- 
inals, wherever the latter could be found. ]\Iany of these messages 
had been omitted from the Secret Journals by the Secretary of the 
Senate; in such cases copies were supplied from the originals. In a 
few instances, neither the originals nor copies have been found of 
messages that are missing from the Journals. Copies of all docu- 
ments submitted to the Senate for consideration in secret session have 
also been supplied wherever possible, if they have not been printed 
elsewhere. 

Unfortuniately, the Secret Journals of the first or regular session 
of the Ninth Congress had to be omitted, since they could not be foimd 
in the archives of the State. To supply as nearly as possible the in- 
formation contained in these missing journals, the President's secret 
messages to the Senate and the replies to the President from the Secre- 
tary of the Senate have been inserted. The Secret Journals of the 
second or called session of the Ninth Congress are printed on pages 
87-94 of the public journals of this session, and, therefore, are not in- 
cluded in this volume. 

.To the Secret Journals have been appended the laws and joint reso- 
lutions passed in secret session. These, too, have not heretofore been 
printed. The archives of the State were searched carfulh^ for these 
documents, but a few are still missing. 

Ernest William Winkler 

State Librarian, Editor 



ABBREVIATIONS 

A list of the abbreviations used in this volume : 

MS. ^Manuscript. 

A. D. Autograph document. 

A. D. S. Autograph document signed. 

L. S. Letter signed. 

A. L. S. Autograph letter signed. 

[ ] Words or letters supplied. 

Doubtful reading, or queried information supplied. 



9 ? 9 



Note. — A number of references Iiave been made to Garrison, Diplomatic 
Correspondence of the RepuNic of Texas, Part II. The page references, how- 
ever, could not be given, as this work had not been published when the last 
proof sheets of the present volume were read. 



CONTENTS 

Pa-ge. 

Table of congrfisses 7 

First con.fri'ess 9-67 

First session 11-41 

Second session 42^-67 

Second congress 69-110 

First session 71-84 

Second session , 85-105 

Third session 106-110 

Third congress 111-131 

Fourth congress . 133-179 

Fifth congress 181-202 

Sixth congress 203-228 

First session 205-225 

Second session .226-228 

Seventh congress 229-278 

First session 231 

Second session. '. . .231-278 

Eighth congress 279-302 

Ninth congress 303-313 

First session 305-312 

Second session 312 

Appendix 315-317 

Index 319-325 



4 — Lib. 



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FIRST CONGRESS 



Roll of Senators 

^ _ • ':...- i 

Henry W. Anfrustiue/ "] r^ ^^ t.- . • . r; c 4 

^, ,/ ^ . , I for the District of San Augustine. 

Shelby Corzme,^ ] 

Richard Ellis, for the District of Red River. 
Stephen 11. Everitt, for the District of Jasper and Jefferson. 
Jesse Grimes, for the District of AVashington. 
William H. Wharton,- 1 

James Collinsworth,- L for the District of Brazoria. 
William G. Hill,- J 

Alexander C. Horton, for the District of Matagorda, Jackson and Vic- 
toria. 
Robert A. Irion, for the District of Nacogdoches. 
Willis H. Landrum, for the District of Shelby and Sabine. 
James S. Lester, for the District of Mina and Gonzales. 
Edwin Morehouse \, for the District of Goliad, Refugio and San Pa- 
tricio. 
Sterling C. Robertson, for the District of Milam. 
Francisco Ruiz, for the District of Bexar. 
Alexander Somervell, for the District of Colorado and Austin. 
Robert Wilson, for the District of Harrisburg and Liberty. 

Officers of the Senate 

Lorenzo de Zavala, Vice-President until October 22, 1836. 
Mirabeau B. Lamar, Vice-President, inaugurated October 22, 1836. 
Richard Ellis, President pro tern, during first session. 
Jesse Grimes. President Pro tem. during second session. 
Richardson Scurry, Secretary during first session. 
Arthur Robertson, Secretary during second session. 

^H. W. Augustine was elected to fill the vacancy created by the resignation 
of Shelby Corzine, who was elected juage of the first district December 16, 
1836. 

'James Collinsworth was elected to fill the vacancy created by the resigna- 
tion of W. H. Wharton, who was confirmed as minister to the United States 
on November IG. 1S46. Collinsworth took his seat November 3Uth, and on 
December 16. IboG. was elected chief justice of the supreme court. Wm. G. 
Hill was elected to fill the vacancy created by the resignation of J. Collins- 
worth. 

*E. Morehouse resigned December 22, 1836; he had no successor in the sec- 
ond session of the first congress. 



FIRST CONGRESS 

FIRST SESSION 

Tuesday, October 4, 1S36. 
3 o'clock. 
Ou motion of Mr. Everett, 
The senate went into secret session. 

The president pro tern, presented sundry documents aeeompanying 
the president 's message. 
On motion of Mr. Grimes, 

Fesolved, That the injunction of secrecy be removed, and that the 
documents accompanyino: the president's message lie on the table till 
to-morrow morning.*^ 

Secret Journal of the Senate 
Columbia 25 Oct 1836^ 
A ^Message was Received from the Presichmt 
The House went into secret Session. 

Executive » Columbia Texas 

Office 25th October 1836.« 

Confidential 
Gentlemen, 

Of the Senate and House of Representatives, 

Enclosed I have the honor of transmitting for your information, a 
letter from President Jackson to General Santa Anna, also a letter to 
myself, with sundry other documents from Gen [era] 1 Santa Anna^, de- 
signed for the congress of Texas. 

^Journals of the Senate of tJie Repiihlic of Texas. First Congress — First 
Session, p. 99. The manuscript journal of the secret sessions of the senate 
makes no mention of this session, nor of two subsequent sessions held October 
11 and 22, and noted in the nrinted journal: in fact, it appears that a secret 
journal was not besun until Octol)er 25, when President Houston sent his 
first confidential messag'e to the senate. 

*This is the bee:inning of the manuscript copy of the secret journal; it bears 
the title ""Secret Journal of the Senate Chamber." The journal embraces 
thirty-seven unnumbered folio pa,2;es. It is a rouc:h or first draft, and is 
written in several different handwritings. Occasionally the proceedings are 
signed by the secretary; the signatures of the secretary and the president pro 
f.em. appear at the end of the journal. The journal is among the papers of 
the First Texas Congress. First Session. 

'The copy of the message here printed has been compared with and made 
to conform to the original. 

^The letter from Presitlent Jackson to Santa Anna, dated September 4. 
l^oG, is printed in Richardson's Messages and Papers of the Presidents, III 
275-6. What vvas included in the '"sundry other documents from General 
Santa Anna" is difficult to determine; it may be assumed that they included 
Santa Anna's letter lo E^resident Jackson, (iated July 4, IS^G (Printed in 
Richardson's Messar/es, III 274-5). and Santa Anna's letter to General Hous- 
ton, dated October 24, 18:)6, and primed below. 



12 Secret J(jurxals of tui: Senate 

It will be perceived at once, limv dr-lieatf* mv sitnatiori must be in 
siibmittin^r to your ('Oii.si(](Tatioii the letter of Genjera)! Jackson to 
myself, from the sacred injunction which he has placed upon it 

The present crisis, in connexion with the important subject referred 
for your consideration and action, conid alone authorize or induce the 
course. It does seem to me that sound policy is not at variance with 
the plan proposed in the letters referred to : and that the policy is safe 
there can be no doubt. 

Sam Houston 

Hermitage Sept 4th 18:^6.* 
Genl Saml Houston 

Commander in chief of the armv of the Texean Republic 
Sir, 

your letter of the 9th ultimo dated at Xacogcloches (Texas) with 
the documents therein referred to was rec[eive]d by express on my 
way from Florence hither, where I reached on the 3rd instant, and 
hastened to acknowledge 'its receipt. 

I have duly examined the contents of your letter and the other 
documents referred to, and regret that, Mexico by her ^Minister Mr. 
Gorrastesa has nuide kTiown to this Government, that ^Mexico does not, 
nor will not recognize any act of Genl Santa Anna, as President of 
Mexico, since he has been made Pi-isoner. and that the agreement 
made by him with Texas will not be recognized and agreed to by 
Mexico, you will at once see that until the Govt, de facto of ^Mexico, 
asks the friendly interposition of our good offices to put an end to 
the war we cannot interfere, if she does, it will give me pleasure to 
become the mediator between you. I shall set out in a few days for 
Washington, and will there make your note to me, and that of 
Genl St Anna, the basis of an interview with the ^Mexican Minister. 
In the mean time I ^\ould remark that I have seen a report that Genl 
St. Anna was to be brought before a military court, to be tried and 
shot, nothimr now could tarnish the character of Texas more than 
such an act at this late period, it was good policy as well as humanity 
that spared him. it has given you posvsession of Goliad and the alamo 
without blood oi- loss of the sti'cngth of your army, his person is still 
of much consequence to you. he is the pride of the ^lexican soldiery 
and the favorite of the priesthood : and whilst he is in your power 
the priests will not furnish the .supplies necessary for another cam- 
paign, nor will the regular soldier vohintarihj march when their 
reentering Texas may endanger or cost their favorite Genl his life, 
therefore preserve his life and the chances are you have won: let 

•Copy from the Jackson Mss. in the Library of Congres.«^. 



Repubfjc of Texas 13 

not his blood be shed unless it beeomes necessary by an inipfM'itive 
act of just retaliation of ^Mexican nias-sar^res hereafter, this is what 
I think, true wisdom and humanity dictates. 

I enclose you a letter to Genl St. Anna which you will please seal 
and cause to be delivered to him. 
I am Genl with great respect 

your mo. obclt servt. 

Andrew Jackson 

To His Excellency Gen [era] 1 Sam Houston. 

Orazimba, Oct. 24 1886.'* 
Much Esteemed Sir : 

I enclose you the original answer of President Jackson to my letter 
of July 4th in order that you may be informed of its contents. 

The communication from the Government of .Mexico, referred to by 
Gen[eral] Jackson, stating that no act of mine while a prisoner would he 
chligatory upon iht authorities of the \ation. emphasizes what I have 
repeatedly stated that my presence in the Cabinet of ^lexico is necessary 
and indis[)ensable, and that anything I do or write from here would be 
unimportant after the retreat of the ^texican Army to the other side of 
the Rio Bravo del Norte. It is neeessary, my dear Sir. to be convinced 
at once that delay in fultllling the treaty of May 14th results in nothing 
but the injury of all parties concerned. The independence of Texas 
w^ould by this time have been recognized, or on the point of being so 
recognized, if the connnotion at Velasco had not hindered my departure, 
after it had been so directed by the proper authority. The time lost is 
precious and perhaps will not return. Put away then unjust mistrust 
as unworthy of the offenders as of the offended. TIk^ acts of my public 
life shall not be stained by an unworthy act either in prosperity or in 
misfortune. 

The reasons above stated persuade me that any thing I could wi'ite 
to the ^Mexican Minister in the United States would be useless; and to 
save time T could proceed to Washington, for there is no doubt that an 
interview with Gen [era] 1 Jackson would be beneficial to all. 

Consider what is best, and you may depend on th<> approval of your 
friend and humi)le servant, 

Ant. Lopez de Santa Anna 
P. S. 

I have discussed fully with General Austin and Colfonell l^ee the im- 
portance of ray visit to Washington, preferrinir this certain communica- 

•Translarion from orisrinal letter in Mexican niplomatic Correspondence. 
Texas State Library. 



14 Secret Joukxals of tue Senate 

tian to paper. Wlierefore I refer to these grentlemeii for any informa- 
tion upon this subject. 

L. de S[an]ta Anna 

Whilst the clerk Avas readinj? the accompanyinfr documents Mr. 
Everitt submitted a resolution calling- for all the documents referred 
to by Gen[eral] Santa Anna. 

Resolved .That the President be Requested to send to this house 
Translations of all documents connected with the communication of 
Santa Anna not hitherto sent."^ 

When the 'Message and documents was laid on the Table. 

And the doors of the Senate opened. 



Columbia Oct 26 1836 
A Message^ was rec[eive]d from the president with closed doors 
On motion of Mr. Everitt it was ordered that all the rooms adjoining- 

the Senate Chamber be cleared whenever the Senate is in secret session 

Carried 

Message^ Rec[eive]d from the President. 

Executive Department 
- Columbia 26th Oct. 1836. 

To the honorable 
The Senate. 

Gentlemen. 

In accordance with your resolution of yesterday, requesting to be 

furnished with translations of all the documents, connected with the 

communication of Santa Anna, which have not heretofore been sent to 

you, I have the honor to transmit the entire series of communications 

accompanying this Message. ^° 

^MS. Resolution in Papers of First Congress, First Session. 

'Message has noi been found. 

•A space was reserved for This message in the secret journal, but was not 
filled in. The copy here printed -has been taken from the original manu- 
script message. 

^"As the "comnninications accompanying this message" were not enum- 
erated and are nor filed with the message, there is no means of identifying 
them. However, as the question submitted to the senate was. Shall Santa 
Anna be released, the following documents were probably among them: 

1. Orders from Santa Anna to Cloneral Filisola. three in number and 
dated April 22, 1SC6. Printed in Telegraph and Texas Jieaister, September 
6, 1836. 

2. Letter from Santa Anna to Ceneral Filisola. transmitting a copy of 
the treaty of May 14, ls;'.G. Printed in Telegraph. August 2;]. 1S:>C. * 

3. General Fiii.-^oIa's raiification of thf treaty of :Mav 14. 1S:;G, dated ^lav 
26, lSu6. Printed in Voa^kiims ilistor// of Texas. U r)29. 

4. Letter from Santa Anna to President Burnet, dated .Tune 9. 1S36. pro- 
testing against the nonfulMllment of treaty stinulations and his retention as 
a prisoner. Printed in T legraph, October 4. 1S;'.G. 

5. Letter from Pr^^sidcnt Piirnet to Santa Anna, dated June 10. 1836, re- 
plying to Santa Anna's protest. Printed in Teltgraph. October 4, 1S36. 



Kepublic of Texas 15 

Those parts of the correspondence which have eminated from the late 
Government ad interim, are in the English hmguage and those eminat- 
mg from the President Santa Anna, in the Spanish. The difficulty of 
procuring them to be translated, the length of time which would be 
required to transcribe them and the scantiness of clerical aid in this de- 
partment, have induced me to submit to you the Oriirinals belonging to 
the files of my office. These I intend to recall to their appropriate place 
and supply you with authenticated copies. 

This method will be the most speedy and best adapted to hasten 
your action upon those interesting subjects now under your considera- 
tion ; and I trust that therefore, a literal compliance with your resolu- 
tion, will be dispensed with in this instance, as the defect arises from 
absolute necessity. 

Sam Houston 

Mr. Elliott [Everitt?] m.oved that a Committee of two be ap- 
pointed to select a Translator Carried 

Whereupon the Chair apointed ]\Iessrs Everitt [and] Morehouse 
said Committee 

Judge Joseph Baker was appointed and sworn in as Translator to 
the Senate 

On motion of Mr Everitt The Senate adjourned luitil 3 Oc[lock] 
PM 

3 Clock 

Executive Department 
Columbia 26 Oct. 1836^^ 



Message from the President' 



To the honorable 

The Senate. 
Gentlemen 

I take pleasure in submitting to your consideration and action 
the following named gentlemen, whom I desire may fill the sev- 
eral Departments of the Government to which they are respectively as- 
signed — 

Stephen F. Austin Sec[retar]y of State 

Henry Smith Secretary of the Treasury 

Thomas J. Ixiisk Secretary of War 

S. Khoades Fisher Secretary of the Na\y. 

Your honorable bovlv must be well aware that in a countrv 
». , «. 

situated as ours is, the Executive head of the Government will have 
much difficulty in selecting those whose qualifications are precisely 
adapted to every important station. 

With a total disregard to personal preference, I have selected such 

"See note 9 above. 



16 ' Secret Jol'rxals of the Senate 

persons to associate with myself in the administration of the Govern- 
ment, whose talents I think best suited to the furtherance of the inter- 
ests of the eoimtry. As my constitutional advisers, I have respectfully 
to request of you. the confirmation of the several nominations. 

Should any one of them be rejected I should feel myself at a loss 
where, or by whom to supply his place. And as I am held responsible 
to the people for the administration of the Ga\'ernment, you will readily 
admit that I have felt and must continue to feel a lively interest in 
knowing who are to co-operate with me in the discharge of my official 
duties 

Sam Houston 

Mr Everitt Moved To make the message the special Order for to- 
morrow mornincT Carried 



Columbia Thursday ^Morning 
Oct the 27th 1836 
A Message was received from the President 

Executive Department 
Columbia 27 Oct. 1836.^-^ 
To the Honorable 

.The Senate. 
Gentlemen 

The nomination of an Attorney General was inadvertently omitted 
in my Special ^lessage to you of yesterday. 

James Collinsworth Esq. was intended to be included in that com- 
munication, as nominated to that high Office ; and you will be pleased 
to consider my remarks of that date, as equally applicable to him. 

Sam Houston 

The nominations as they stood on the message were then takm up 
by the Senate, first 

Stci)tien F Austin Secretary of State 

Mr Everitt moved to suspend said uomination for further considera- 
tion which motion was lost. 

On motion of Mr Everitt the senate adjourned until 1-2 past 2 
O'clock. 

1-2 past 2 O'clock 
Mr Everitt moved to postpone until a day certain, lost. 
Mr Robertson moved to postpone until tomorrow. Carried. 
The Senate then went into the consideration of the other executive 
nominations, and advised and consented to the nominations unanimous- 
ly of 

'-See note 6 above. 



Republic of Texas 17 

Henry Smith as Secretary of the Treasury 
Thomas J Rusk as Secretary of War and 

James Collinsworth as Attorney General, and advised and consented 
to the nomination of S Rhoads Fisher as Secretary of the Navy. 
When the session of the senate closed and the doors were opened. 

R Scurry 
Secretarv of the Senate 



Colimibia ^Mondjiy [sic] ^lorning 
Oct the 28th 1836 

The senate went into secret session. The order of the day being the 
nomination of Stephen F Austin as Secretary of State. 

The ayes and noes were demanded on motion of Mr Everitt. The 
question being will the senate advise and consent to the nomination, the 
affirmative voters [were] ^Messrs Corzine, Horton. Irion, Landrum, Les- 
ter, Sommerville, AYharton and AYilson — eight. The negative voters 
were Messrs Ellis, Everitt, Grimes, ]\Iorehouse, and Robertson — live 
the affirmative haveing the majority the nomination was confirmed. 

The [rules] haveing been suspended ^Iv Everitt introduced a Reso- 
lution allowing the proceedings of the secret session to be freely dis- 
cussed but not to be published in the news papers, so [far] as the nomi- 
nations of the President were concerned. AYhieh Resolution was 
ad()[)ted without a division 

The Resolution from the House of Representatives instructing the 
President not to sell the bonds of the government at a greater dis- 
count than ten per cent waf^ taken up hy the Senate 

^[r Everitt moved to strike out the word President wherever it 
might occur and insert in lieu thereof the word Commissionf^rs, Which 
amendment was carried 

When the secret session closed and-the doors of the Chamber opened 

R Scurr>' 
Secv of the Senate 



Columbia Monday ^Morning 
Oct the 31st 1836 

^Fr Everitt moved to reconsider the vote on the Joint Resolution of 
the House of Representatives 

On motion of ^fr Wharton it was ordered that the Resolution be made 
to conform to the Rill, by the Secretary 

the Resolution as amended by the Secretary was then read and 
adopted 

On motion of ]\Ir Everitt the message of Gen [era] 1 Santa Anna and 
accompan\T3g documents was refered to a select committee of three 



18 Secrkt JourNxVls of tite Senate 

Whereupon the President appointed Messrs Everitt, Wharton and 
Ellis the committee aforesaid 

The secret session adjourned and the doors were opened 

R Scurry 
Secty of the Senate 



Columbia 
4 Nov 1836^' 
The Senate went into secret session with closed doors 
A message was rec[eive]d from the President by the hands of his 
Private Secretary Covering a decree of the revocation of Blockade of 
Metamoras 

Executive Department 
Columbia 2d November 1836^* 

To the honorable 

The Senate 
Gentlemen 

I have the honor to present for your consideration, a revocation 
of the Decree of Blockade of the Port of Matamoros etc, proclaimed 
by the late Government ad interim. 

The circumstances of the times no longer seem to require the exist- 
ance of that edict : while the lawful commerce of our sister Republic of 
the North is alone affected by such arbitrary constraint : and our naval 
force is insufficient to interrupt and pimish any illicit communication. 
Unless we can enforce our injunctions by a sufhcient armament, they 
will appear to the world extravagant ancf futile. 

As my constitutional advisers, you will consider the amity which 
should exist between this Republic and the Nations by w*hich we are sur- 
rounded: and should it be deemed advisable, you will return that in- 
strument with the resolution you may make thereon. 

Sam Houston 

Mr Horton submitted the following Resolution 

Resolved That the senate return to the presidt'ut his message of 
yesterday and accompanyinG: revocation of Blockade with the sug- 
gestion that in their opinion it w^ould be better that the proclamation or 
revocation had better end with the words force and effect concurring 
at the same time with' the president in the propriety of removing the 
Blnekade as promptly as possible^'^* 

"The printed journal ( fia'jje 40 i makes uote of a secret session on Novem- 
ber ?,, the rnanuscriii't journal does not. 

*'The secret journal has no copy of tliis message; it has. therefore, been 
supi'lied from the original. 

^^Tl)e revocation of the blockade is printed in the Tricfjraph. November 16, 
1836; the change suggested by the Senate was not adoi)red by the President. 



Republic of Texas 19 



Which was adopted 

And the doors were o{)ened 



Secret Journal of the Senate 
Nov 5th 1836 

The Senate went into secret session with ch}sed doors 

On motion of ]Mr Everitt it was 

Resolved That the Committee to whom was referred the Documents 
of Santa Anna be discharged and that a joint committee of both Houses 
be appointed 

Whereupon the Chair appointed ^Messrs Wharton Corzine [and] 
Grimes on the part of the Senate 

And the dooi's were opened 



Secret Journal of the Senate 
Nov 9 1836 
The Senate went into secret session with closed doors 
A messasre was received from the President nominated Nat Robins 
and Jno Dor as Commissioners to treat with certain tribes of Indians 
and Hayden Arnold as Secretary to the Commissioners 

Executive Department 
Columbia Sth Nov. 1836^' 
To the honorable 

The Senate. 
Gentlemen, 

The friendship and alliance of many of our border Tribes of 
Indians will be of the utmost importance to this Government: keep- 
in jz them tranquil and pacific, and if need shall require it. affording us 
useful auxiliaries. 

Having received satisfactory information, that large bodies of those 
people are desirous of forming treaties of peace and intercourse with 
us and that they have assembled on the banks of the River Trinity, near 
its three forks. I cannot too forcibly recommend the adoption of any 
means which will attach them to us, nor too seriously impress upon 
you the policy of drawinir them to us by the cords of friendship by 
means of Treaties and of Commerce. 

With those views I liave the honor to nominate to your consideration, 
as Commissioners to treat with the several Tribes of Indians on our 
Northern and Western frontier who are not now in Treaty, and to <}on- 
clude articles of Peace, friendship and intercourse with them : Nathaniel 

^*See note 14 above. 



20 Secret Journals op the Senate 

Robins and John M. Dor, and Hayden S. Arnold to the duties of Secre- 
tary to said Commissioners. .These are all gentlemen to whom the 
trusts will be judiciously confided and should you approve these nomi- 
nations commissions will immediately issue 

Sam Houston 

On motion of ]Mr Horton it was referred to Committee on Indian 
Affiiirs []^Iessrs Robertson, Irion, and Lester.] 
.The doors were opened 

Secret Journal of the Senate 
3 C[lock] Nov 9 1836 
The Senate went into secret session with closed doors 
The Com[mittee] on Indian Atfairs to whom was referred the nomi- 
nations of the President reported in favor of said nomination 

Mr Ellis moved to advise and consent to the nomination of Nath 
Robins Carried unanimously 

The Senate rejected unanimously the nomination of John ^E Dor 
The Senate unanimously advised and consented to the nomination of 
H Arnold as Secretarv 



Secret Journal 
Nov 10th 1S36 
The Senate went into secret session with closed doors 
On motion of ^Ir Everitt the injunction of secrecy was removed rela- 
tive to the nomination of Commissioners to treat with certain tribes of 
Indians 

]\Ir Wharton from the Committee on the disposition of ^lexican 
Prisoners reported a resolution giving the President power to dispose 
of them. 

The rules were suspended and the Resolution was read second time 
A message was recfeiveld from the President nominating Adolpho 
Sterne and Isaac W Burton comtnissioners to treat with the Indians in 
conjunction with Nath Robins 

Executive Department 
Columbia 10th Xovr. 1836^^ 
To the Honorable 

The St^nate 
Gentlemen 

In consequence of the r(\ie(*tion of the Tfon(orji] ble John ]\I. Dor, 
as Conmiissioner to treat with the several Ti'ib(\s of Indians 
now assembled on the .Trinity, I have thought proper to nominate the 
Hon [oral ble Adolfo Sterne and Isaac W. Burton in conjunction with 

*'See note 14 above. 



Republic of Texas 21 

Nathaniel Rohbins. Avhose nomination was yesterday eonfirmed by the 
Senate; givug to any two of them powers, as Commissioners, to act on 
the subjects which may be embraced in their instructions from the War 
Department. 

Sam Houston 

The Senate unanimously eoncurred in the nomination of Isaac W 
Burton And refused to confirm the nomination of Adolpho Sterne 

Mr Corzine moved the recommitment of the Report of the Commit- 
tee relative to the Prisoner Santa Anna and the addition of Messrs 
Horton and Everitt to said Committee 

Doors open 



Secret Journal of the Senate 
Nov 11 1836 

,The Senate went into secret session with closed doors 

Mr Wharton introduced a report from the Committee relative to 
Santa Anna vesting the president wdth the custody [of] all the Mexi- 
can prisoners providing however that SantFa] Anna and Almonte shall 
not be released without the advice and consent of the Senate 

Resolved by the Senate of the Republic of Texas, That the president 
be and is hereby vested with the custody and disposal of all prisoners 
of w^ar. Provided, that the prisoners Santa Anna and Almonta shall 
not be released or set at liberty on any occasion, v/ithout the concur- 
rence of the senate, and that the president shall not have the power to 
i-elease said prisoners during the recess of the senate. ^^ 

On motion of ^Ir Everitt the rules were suspended and the report 
adopted 

And the doors were open[ed] 

Secret Journal of the Senate 
Nov 11 1836 3 O C[lock] 

The Senate went into secret session Doors closed 

On motion of ^Ir Everitt the injunction of secrecy in relation to the 
nomination of the Commissioners to treat with the Indians made by 
the president on yesterday be removed 

And the doors were open[ed] 



Secret Journal of the Senate 
Nov 12 1836 
The Senate went into secret session 

A message from the president nominating Kelsey 11 Dougla.ss and 
Henry Millard Commissioners to treat with the Indians was received 

"*A copy of this resoliirion was not. found in the secret journsil; it is printed 
In the Telegraph, November 26, 183G. 
5 — Lib. 



22 Secret Journals of the Senate 

Executive Department 
Columbia 12th Novr. 1836^» 
To the honorable 

The Senate. 
Gentlemen 

In contemplation of a Treaty with the Indians, I have felt much 
anxiety. In the nomination of the Honorable John M. Dor, I was 
guided by these circumatances. He has been the Secretary of Colfonel] 
Benjamin Milam an Empresario of a Colony. lie stands as fair and 
has for years, in the Town of Xacotixloches, as any man, and was clerk 
of the Ayuntamiento of that place, so long as it existed. He was 
Secretary when the Body was American and while it was ^lexican. 
From all my intercourse, I deemed him a man of as strict honor as 
lived on the earth. In this I was liable to mistake. He was master of 
the iMexican language, a necessary qualification of some member of the 
Commission. I will assert that he has contributed as liberally to the 
support of the war to his means as any man in the Republic. 

In the nomination of the Honorable Adolfo Sterne, I was directed 
by the reasons, that he spoke the jMexican language; has an amiable 
family in Texa.s and would feel anxious to do whatever was calculated 
to give security to them, and preserve his interests in the country. He 
was elected to the Convention in 1833 and voted for the Constitution 
then adopted by the Convention, Within the last year, he supplied at 
New Orleans, and paid the passage of a Company, (I think,) of Sixty 
men from New Orleans to Natchitoches on board a steamboat. It is 
due to these nominations to sny, that I used those names without the 
slightest authority from them and without their knowledge. I owe 
this much to the Gentlemen and to myself. 

I regard it of importance to the safety of the frontier, that a Treaty 
should be speedily held, and today I have learned that it is more than 
probable and almost certain, that Isaac W. Burton will not be enabled 
to act as Commissioner. I would therefore respectfidly suggest the 
names of Kesley II. Douglass and Henry ]\Iillard ^ith authority for 
any two of the Commissioners to hold and conclude a Treaty, etc 

Sam Houston 

On motion of ^Fr Everitt the injunction of secrecy be removed rela- 
tive to the above nominations 

The Senate advised and consented to the nomination of the Presi- 
dent Kelsey II Douglass and Henry ]\Iillard 

And the doors were. opened 

'"Sen note 14 above. 



Republic of Tex^vs . 23 

Secret Journal of the Senate 
Nov 16th 1836 
The Senate went into secret session 

A message was rec[eive]d from the President nominating Wm H 
Wharton as Minister Plenipotentiary to the Court of the U[nited] 
S[tates] of America at Washington City 

Executive Department 
Columbia IGth Xovr. 1836-" 
To the honorable 

The Senate 
Gentlemen. 

I take pleasure in presenting to you the name of William H. Whar- 
ton Esquire, as ^Minister plenipotentiary to the court of the United 
States of America at Washington City, and request that you will con- 
firm the same. 

In making this nomination I have been influenced by a knowledge 
that an individual of more extended acquaintance in the United States 
cannot be nominated, nor one who has been longer and more intimately 
acquainted with the relations and true interests of Texas ; no guarantee 
is required of the nominee, for the faithful and able discharge of the 
trust confided to him. If it were, it could be found in the identity of 
his fate with that of Texas. 

Sam Houston 

On motion it was laid on the table until evening 

A message was rec[eive]d from the President relative to Mexican 
prisoners now in custody and returning certain resolutions of the 
Senate regarding the disposal of said prisoners-^ 

On motion of Mr Ellis the Senate adjourned until 3 C[lock] 

Secret Journal of the Senate 
3 C[lock] Evening Nov 16 
The Senate went into secret session 

The Resolution relative to the Mexican prisoners was taken up and 
reconsidered 
Mr Everitt moved to call the Ayes and Noes upon the question 
Affirmative voters were ^vlessrs Everitt Robertson Sommerville Wil- 
son — 4 And the Negative voters [were] ^lessrs Corzine Ellis Grimes 
Irion Landrum Lester Ruiz Wharton — 8 

-"See note 14 above. 

='The veto message has not l>een found; the resolution returned is printed 
in the proceedings for November 11 th above. The drift of the veto message 
may be gathered from portions of the debate in secret session print»^d in the 
Telegraph, November 2?, and 26. IS^G. In a letter to the editors of the 
Xational IntellUj^ncer, dated January 21. 1S:57. William H. Wharton says 
"without a dissenting voice" the senate acquiesced in the views of the presi- 
dent. (Niles' Wre7:7y Register, LI 340.) 



24 . Secret Journals of the Senate 

.The nomination of Wm H ^Yharton was then taken up 
The Senate unanimously advised and consented to the nomination 
of "Wm H AVharton as Minister Plenepotentiary to the U[nited] 
S[tates] of America 

On motion of I\Ir Irion the injunction of secrecy was removed 
On motion of Dr Everitt a Committee of two were appointed to 
inform Mr Wharton of the concurrence of the Senate in his nomina- 
tion 

The Chair appointed Messrs Everitt and Ellis 
And the Doors were open[ed] 



Secret Journal of the Senate 

Nov 24th [1836] 

A message was received from the President apprising the Senate 

that the appointment of Attorney General had not been accepted by 

the Hon[orable] Jas Collinsworth and proposing J Pickens [sic] 

Henderson to fill said appointment 

Executive Department 
Columbia 24th Xovr. 1836-2 
To the Honorable 

The Senate. 
Gentlemen, 

The Hoa[orable] James Collinsworth, owing to his private cir- 
cumstances, having declined accepting the appointment of Attorney 
General, to which he was nominated; that station is still vacant. 

I have now the honor to present to you the name of J. Pinckney 
Henderson Esquire, as an individual possessing moral worth, genius 
and talents, proper to the discharge of the duties of that office; and 
one, whom I shall be pleased to appoint, if upon consideration you 
should concur in the nomination. 

Sam Houston 

On motion of Doct[or] Everitt [the message] was ordered to lie 
on the table Which motion was adopted. 
And the doors were opened 



Secret Journal of the Senate 
Nov 26 1*836 
The Senate went into secret session 

The nomination of J Pinckney Henderson to the office of Attorney 
General was takon up 
.The Senate unanimously advised and consented to his appointment 

•^See note 14 above. 



Repubuc of Texas 25 

On motion of ^Ir Ev^eritt the injunction of secrecy was removed 
Doors [were] opened 



Secret Journal of the Senate 
30 Nov 1836 
The Senate went into secret session 

A message was rec[eive]d from the President nominating certain 
Naval Officers which on motion was laid on the table imtil tomorrow 

Executive Department 

November 30th 1836-' 
Gentlemen of the Senate 

The accompanying nominations-* furnished me by the Secretary of 
the Navy, I have the pleasure to present you for your appointment, 
and I particularly request that an immediate action may be had on it 
as each day from information received, makes it more imperative 
that our Navy should be placed in such an attitude as to render pro- 
tection to our Coast and commerce. 



The injunction of secrecy was removed 
And the doors were open[ed] 



Sam Houston 



3 Clock 



The Senate went into secret session 

A message was rec[eive]d from the president nominating M B 
Llenard and A J Tales Esqrs Commissioners to negotiate a loan on 
the Bonds of the Govern em ent 

Executive Department 
Columbia 30th Nov. 1836=^» 
To the Iion[orable] 

The Senate 
Gentlemen 

In conformity with an Act of Congress approved the ISth inst[ant] 
*'to authorize the President to negociate a loan, on the Bonds of the 
Government, not exceeding five millions of dollars" and providing for 
the appointment of two Commissioners, into whose hands said bonds 
shall be delivered by the President : I have the pleasure of submitting 
the names of ^Michael B. Menard and A. J. Yates Esqrs. as gentlemen 
whom I nominate as Commissioners and respectfully solicit the con- 
currence of your honorable body in their appointment. 

I will take leave to mention that the sooner they are despatched to 

-''See note 14 abov?. 

"The list of nominations has not been fouud. Cf. journal of proceedings on 
afternoon of December 1, 1836. 
-"See note 6 above. 



26 ' Secret Journals of the Senate 

the United States the better they will be enabled to arrange the loan 
so soon as the Bonds can be prepared for them to act upon. They will 
have time to enter into an extensive correspondence which w^ill be im- 
portant to a knowledge of the money market, either in the United 
States or in Europe, if it should be necessary to extend the operations 
of the loan beyond the limits of North America. 

T - -, XT- X 1 1 i? J Sam Houston 

Laid on the table for one day 



Secret Journal of the Senate 
Deer 1st 1836 
The Senate went into secret session 

A message was rec[eive]d from the president nominating in addi- 
tion to his nominations of yesterday 

Executive Department 

m XI- TT ui Columbia 1st Deer 1836-' 

To the Honorable 

The Senate 
Gentlemen 

The accompanying list of officers has been this day returned to me 
by the Secretary of the Navy, and by him recommended as suitable 
persons to fill the respective stations assigned to each. 

I have therefore the pleasure to nominate those individuals to you, 
for the appointments mentioned in that return. 

Sam Houston 

Navy Department 
To Gen. Sam Houston Columbia December 1, 1836 

President of the Republic of .Texas 
Sir 

I yesterday had the honor to submit to you for your nomination 
a list of Gentlemen as officers in the Navy, and have now to beg that 
the following may be named in addition, viz 
Francis F. Chisman] 
Richard Cochran j ° 
Thos. H. Living . j 
N. Hurd I Pursers 

Henry Fisher J 

I have the honor etc etc etc 

S. Ehoads Fisher 
Secretary of the Na\^ 

"See note 6 above. In the manuscript journal this mesGa?re is copied on 
thft verso, and by symbol cited under the proceedings of November 30th, 
which perhaps is an error. 



Republic of Texas . 27 

On motion the nominations of yesterday and today were prosponed 
[sic] until 3 C[lock] and a Committee were appointed by the Chair 
to ascertain which of the nominations were intended for immediate 
service in the Independence 

The Chair appointed Messrs Horton and Everitt a Committee to 
call on the Sec[retaryl of [the] Navy to ascertain the above 

The nomination of M B Menard and A J Yates as Commissioners 
were unanimously concurred in by the Senate 

On motion of l\rr Everitt the injunction of secrecy was removed 

Secret Journal of the Senate 
[3 o'clock] Deer 1st 1836 

The Senate went into secret session for the purpose of acting upon 
the nominations of certain Naval Officers prosponed [5ic]in the morn- 
ing . . 

.The Senate unanimously advised and consented to the following 
norminations 

Cha[rle]s E Hawkins Post Captain 

Wm P B Taylor Post Captain 

Geo Wheelright .Master Commandant 

Henry Livingston Thompson Master Commandant 

Francis B Wright Lieutenant 

Jno W Taylor Lieutenant 

Jno T K Lothrop Lieutenant 

J W Humphreys Lieutenant 

Jas Melius Lieutenant 

Moreau Forrest Surgeon 

Wm Thomas Brannum Purser 

Francis F Chisman 1 ,-, 

-o- 1 r 1 T n ^ vSargeous 

Rich[arjd Cochran J 

.Thos. H hiving 1 

N Hurd J- Pursers 

Henry Fisher J 

On motion the injunction of secrecy [was] removed 

Doors open 



Senate Chamber 
Deer 2nd 1836 

The Senate went into secret session 

A message was rec[eive]d from the president inclosing sundry 
papers in regard to the Pelease of Santa Anna 
Which was laid on the table 



28 Secket Jol'kxals of the Senate 

Executive Department 
Columbia 2nd Deer 1836 
To the Hon[orable] 

The Senate 
Gentlemen 

I have the pleasure to acknowledGre the receipt of the Resolution 
passed by your honorable body on the 1st inst[ant]-' I find by refer- 
ence to a copy filed in the Executive Office that a passport issued dated 
20 ult[imo] to General Santa Anna and Col[onel] Almonte a copy of 
which T have the honor to inclose as well as an original letter in 
Spanish with a translation given by the Secretary of State It will 
be perceived that these documents -^ are confidential and it is desirable 
that they should be returned to the Office 

Col[onel] Geo W Hockley :\Iaj[or] Wm H Patton and Col[onel] 
Banard E Bee were directed (as will be seen by the faee of the pass- 
port) to accompany General Santa Anna and Colonel Almonte to 
Washington City 

I have not heard from the Escort officially since they left this point 
but have reason to believe that they left Orizembo on Saturday morn- 
ing the 26 instant and would proceed to AVashington by the most direct 
rout 

I have the pleasure to present this information to your honorable 
body as all that I possess touching your resolution No treaty or 
treaties of any kind were entered into with him to my knowledge nor 
by my orders 

Sam Houston 

Mr Everitt moved to adjourn until 3 o c[lock] 

^On November P.Oth, ^Iv. Wilson submitted a resolution calling on the 
president for information as to the release of Santa Anna and Almonte. It 
was adopted Deceral)er ist. — Journiils of the Senate. 1 Cong., 1 sess., pp. 67, 70. 

^Copies of the passport and of the letter from the Secretary of State have 
not been found. Some pertinent information may })e found in the following 
documents: 

1. Letter from Santa Anna to General Houston. November 5, 1S36. Printed 
in Yoakum's History of Texas, I[ r).'^)0-l. 

2. Letter from President Houston to General Jackson. November 20, 1836. 
Printed in Texas Xational Register, December 17, 1S4.'. 

3. Letter from S. 1\ Austin to W. H. Wharton. November 2."j. 1836. Printed 
In Diplomatic Correspondenee of the Republic of Texas, I 143. 



Republic of Texas 29 

• Executive Department 

Columbia 9tii Dec. 1836-' 
To the Hun[orable] 

The Senate 
Gentlemen 

I have the pleasure to nominate Joseph C. AVilliauis to you, as 
captain of the Texian private Armed Schooner, Terrible : which is 
to be commissioned, as a Letter of Marque. Also submitting to your 
consideration the propriety of commissioning the said vessel, under 
the rules and regulations of the Navy. 

Sam Houston 



Executive Department 
Columbia 10th Dec. ISSe^** 
To the Hon[orable] 

The Senate. 
Gentlemen, 

I have the pleasure to nominate and recommend to you, F. Catlett 
Esquire, as Secretary of Legation, at the Court of the United States 
of America, near the City of Washington; and hope you will concur 
with me, in his nomination. 

It is important for the interests of the country, that a Secretary 
should be dispatched, with the least delay possible: and I hope, this 
subject may meet your earh^ attention, as well as your sanction. 

Sam Houston 



Secret Journal of the Senate 
12 Deer 1S36 

The Senate went into secret session 

.The nomination of F Catlett was taken up 

Mr Everitt introduced a resolution that the nomination should 
not take effect until the Independence of the Country was recog- 
nized which was lost 

The Ayes and Noes were called for on the confirmation of the 
nomination 

Ayes ^lessrs Ellis Lester Everitt Morehouse Grimes Robertson 
Irion Somerville Landrum Wilson Corzine 11 

Noes i\[essrs Collinsworth [and] Horton 2 

"See note 14 above. X.o reference to thi^^ messat^e is' found in the public or 
secret journals. The Senate confirmed Williams' ai)pointment. ( Fjetter from 
Secretary of the Senate to the President. Record (IMS.), Vol. 49, p. 80. in 
Department of State.) 

**See note 14 above. 



30 Secret Jol'kxals of tile Senate 

Messrs Collinsworth and Ilorton gave notice that they would enter 
their protest aeainst the nomination 

The nomination therefore of F Catlett Esq was confirmed 
And the doors were opened 



Secret Journal of the Senate 
14th Deer 1836 
The Senate went into secret session 
A message was rec[eive]d from the Fres[iden]t towit^^ 
,To the Honorable 

The Senate 
Gent[lemen] 

I take pleasure in communicating to your honourable body the 
following list of nominations, to officer the Battalion of ]\Iounted 
Riflemen, created by the late law of Congress, in which I ask the con- 
currence of the Senate 

With Respect 

Sam Houston 

War Department 
Columbia Deer 7th 1836 
To His Excellency 

Sam Houston 
Sir 

I beg leave to submit for your consideration the following named 
candidates for nomination to appointments in the corps of ^Mounted 
Riflemen lately established by law. These gentlemen are highly recom- 
mended bv the inhabitants of the frontier 



For the County of Gonzales 
First Company 

For the County of ^lina 
Second Company 



William H Eastland Captlain] 
Joel Robinson First Lieut [enant] 
Nathan ^titehcll Second Lieut [enant" 

Micah Andrews Capt[ain] 
J H Wade First Lieut [enant] 
Nicholas Wren Second Lieut [enant] 



-rr. ^i, n ^ -c ot, iu ^^^^^ 0. Lusk Captam 
For the County of Shelby t i td . i 1 -c^- ^ t • ^r ^i 
^,. , ^ John P. Ai)ple:cate i^irst LieutlenantJ 

Third Company _ .-, r. • ,, -. r. ^ -r • ,r .-. 

David Strickland Second Lieut [enant] 

Thomas H. Barron Captain 
Fourth Company Charles Curtis First Lieut [enant] 

David W. Campbell Second Lieut [enant] 
*Seo note 6 above. 



Republic of Texas 31 

Daniel Munroe Captain 
Fifth Company Wm. H. ]\[oore First Lieut [enant] 

McLaughlin Second Lieut [enant] 

Major of Battalion Wm. H. Smith 

Surgeon of Battalion A. Ramsay 

Ass[istan]t Surgeon of Battalion R. Montgomery 

With Respect 

Your Obt. Servt. 

William S. Fisher 
Acting Secretary of War 

The Senate ad\4sed and consented to the nominations as follows 

T^ ^-L ^ , en ^ AV H Eastland Captfain] 
For the County of Gonzales ^ ^ ^ , ^. , i: . ■" . 

T-,. . ^^ Joel Robertson First Lieut [enant] 

First Company ^^ , ^r- . ■,. r< , -r r 

Nathan Mitchell Second Lieut [enant] 

■n XT. r>( X i? ^r- ^^^d Andrews Captfain] 

For the County of Mma ^ ^^ ^^^ ^ ^. i. ^r . 

c T r>, J ±1 \ \ ade First Lieut enant] 

Second Company x^- . w q ^ t - ^-r 4.^ 

jNich Wren Second Lieut [enant] 

■r^ 4.1, n ^ i? en. 11, K Lusk Capt[ain] 

For the County of Shelby ^ ^ . ^ ^ ' 

^, . , ^ Jno P Applegate First Lieut [enant] 

Third Companv __^ . _ ^^/t , f ^ ,, , ^ . , , 

David Strickland becond Lieut [enant] 

Thomas II Barron Capt[ain] 
Fourth Company Chas Curtis First Lieut [enant] 

D W Campbell Second Lieut [enant] 

D Munroe Captain 
Fifth Company W H Moore First Lieut [enant] 

McLaughlin Second Lieut [enant] 

Major of Battallion Wm II Smith 

Surgeon A Ramsey 

Asst Surgeon R. ^Montgomery 

On motion the injunction of secresy was removed. 



Executive Department 
Columbia 15th Dec. 1836'= 
To the Honorable 

The Senate 
Gentlemen 
I have the pleasure to nominate the Honorable John Woodward, 

*^See note 14 above. No reference to this message is found in the public 
or secret journals. The nomination was coufirnied by the senate. (R. Scurry 
to Sam irouston. December 15. lSr.6. MS. in Senate Confirmations. Texns 
State Library.) 



32 Secret Journals of the Senate 

formerly a citizen of the United States of America, as Consul General 
to the Port of New York. Tliis General Consulate, to embrace the 
Ports of Boston, Phila(leli)hia and Baltimore, with powers to appoint 
vice consuls in the three last mentioned Ports. 

Your ratification, to the above nomination, is most respectfully re- 
quested; and particularly so because Judge Woodward's high standing 
in the United States; and his zealous devotion to the cause of Texas, 
as well as his disposition to give her further aid, will, I have no doubt, 
render his otHciai services of essential imx)ortance to our Country. 

Your Obt Servt 

Sam Houston 



Executive Department 
Columbia 15th Dec. 1836^^ 
To the Hon[orable] 

The Senate. 
Gentlemen 

I take pleasure in nominating to you Niles F. Smith, as a suit- 
able person to be appointed Commissioner "for the purposes con- 
templated in the 10th Article of the Charter of the Bank of Agri- 
culture and Commerce;'' as confirmed by a joint resolution of your 
honorable body, "for the relief of Messrs. McKinney & Williams." 

And I hope, your honorable body, will freely concur with me in his 
appointment. 

Your obt ser\i: 

Sam Houston 



Columbia Monday 
19th Deer 1836 
A message was received from the President 

Executive Department 
Columbia 19th Dec. 1836.^* 
To the Hon[orable] 

The Senate 
Gentlemen 

I take pleasure, in accordance with the Constitution, to nominate 
to you, as suitable and proper persons, for the office of District At- 
torney, 

"See note 14 above. Xo reference to this message is found in the public 
or secret journals. The nomination was continnod. (R. Scurry to Sam 
Houston, December 15, lSo6. MS. in Senate Confirmations. Texas State 
Library.) 

**See note 6 above. 



Republic of Texas 33 

Richardson Scurry, for the First District 
A. M. Tompkins for the Second District 
H. C. Hudson for the Third District and 
John Ricord for the Fourth District of this Republic. 
And I trust that you will concur with me in their appointment. 

Sam Houston 

,The rules being suspended the Senate unanimously advised and con- 
sented to the nominations contained in the foregoing ]Message 



Columbia 20th Deer 1836. 
A message was received from the House of Representatives, which 
on motion of ISlr Everitt was laid on the table. Ayes — 6. Noes — 5 
Ayes — Everitt, Grimes, Horton, Lester, Sommerville, [and] Wilson. 
Noes — Corzine, Ellis, Irion, IMorehouse, [and] Ruiz 

Columbia 20th Deer 1836 
A message was received from the President 

Executive Department 
Columbia 20th Dec. 1836.^» 
To the Hon[orable] 

The Senate 
Gentlemen 

It gives me great pleasure to nominate to you Jolm "W. ]\Ioody as 
a suitable person to be appointed Auditor of Public Accounts for 
this Republic. 

Mr. Moody is highly recommended and I trust your honorable body 
will therefore concur with me in his appointment. 

Sam Houston 

Executive Department 
Columbia 20th Dec. 1S36.2« 
To the Hon[orable] 

The Senate 
Gentlemen 

It gives me great pleasure to nominate to you Asa Brigham, as 
a suitable person to be appointed Treasiu-er for this Republic. 

Mr. Brigham is hicrhly recommended and I trust your honorable 
body will therefore concur with me in liis appointment. 

Sam Houston 
"See note 6 abovo. 



34 Secret Journals of the Senate 

Executive Department 
Columbia 20th Dec. 1836." 

To the lion [or able] 
The Senate 

Gentlemen 

I have the pleasure to nominate and recommend to you as Chief 

Justices of the several County Courts, the following gentlemen : 
Thomas Barnet for the County of xVustin 
George B. iMcKinst ry for the County of Brazoria 
Joseph Baker for the County of Bexar 
Mathew Parker for the County of Sabine 
B. D. McClure for the County of Gonzales 
W. H. Mclntire for the County of Goliad | 

Andrew Briscoe for the County of Harrisburg _ ' | 

Joseph iMott for the County of Jasper | 

Chichester Chaplin for the County of Jefferson ] 

D. P. Coit for the County of Liberty ; 

Silas Dinsmore Jr. for the County of Matagorda j 

Andrew Rabb for the County of jMina j 

Chas. S. Taylor for the county of Nacogdoches 

Robert Hamilton for the County of Red River I 

John McHenry for the County of Victoria | 

William IMcFarland for the Coimty of San Augustine I 

George 0. Lusk for the County of Shelby. i 

John Dunn for the Coimty of Refugio. ' * ] 

John Turner for the County of San Patrico 1 

John P. Coles for the County of Washington j 

Massillon Farley for the County of Milam I 

Patrick Usher for the County of Jackson and j 

William Menifee for the County of Colorado. 1 

Sam Houston ■ 

I 

The question being put. The Senate advised and consented to all j 

the nominations contained in the three foregoing messages. ] 

Columbia 20th Deer 1836 I 

A message was received from the President , 

•^See note 6 above. J 



Republic of Texas 35 

Executive Department 
Columbia 20tli Dec. 183G." 
To the Hon[orable] 

The Senate 
Gentlemen 

I have the pleasure of presenting to you for your approval the 
names of .Thomas J. Green, as Senior and Felix Huston as Junior 
Brigadier Generals, in the Army of Texas. I have not presented 
the nomination of a Major General, as there is not a Division now 
composing our Army, and even less, than a Brigade in the field. 

Whatever appointments may of necessity be made in the Army, in 
the recess of Congress (should your Honorable Body adjourn soon) 
will be made with an eye single, for the good of the service, and will 
be most promptly submitted at the next sesion for your approval. 

Commissions will issue to none until they have received the sanction 
of the Constitutional advisers; nor will I add to the accumulated ex- 
penses of the Government, by appointing" persons, who can render no 
corresponding advantages. 

With great respect, 

Sam Houston 

The rules being suspended 

On motion of I\Ir Everitt the nominations were taken up one by one, 
and the question being put will the Senate advise and consent to the 
nomination of ,Thos J Green as senior Brigadier Gen[eral] of the 
Army of Texas, the nomination was rejected 

Ayes iMessrs ^lorehouse Ruiz and Somervell 

Noes "Messrs Ellis, Everitt, Grimes, Horton, Irion, Lester, and 
Somervell 

The question being then put will the Senate advise and consent to 
the nomination of Felix Huston as Junior Brigadier Gen[eral] of the 
Regtdar Army of Texas the nomination was rejected. 

Ayes ^lessrs Ellis Grimes ^^lorehouse and Wilson 4 

Noes Messrs Everitt, Horton, Irion, Lester, Somervell, and Wil- 
son — 7 

The doors were then opened 



Executive Department 

Columbia 20th Dec. 1S36.^» 
To the Hon[orable] 

The Senate 

Gentlemen 

I have. the pleasure of laying befoi'e you a Treaty made the 23rd 

"See note 6 above. 
"Bee note 14 above. 



36 Secret Journals of the Senate 

day of February 1836 between the commissiouers on the part of 
the Provisional Government of Texas on the one part, and the chiefs, 
head men etc of the Cherokee Indians and their associate bands then 
residing in Texas of the other part, and most earnestly recommend its 
ratification. You will find upon examining this treaty, that it is just 
and equitable, and perhaps the best which could be made at the present 
time. It only secnres to the said Indians the usufructuary right to the 
country included within the boundary discribed in the treaty, and 
does not part with the right of soil, which is in this Government; 
.neither are the rights of any citizen of the Republic im^Daired by the 
views of the treaty, but cire all carefully secured by the third article 
of the same. In considering this treaty, you will doubtless bear in 
mind the very great necessity of conciliating the different tribes of 
Indians who inhabit portions of country almost in the centre of 
our settlements as well as those who extend along our frontier. This 
becomes the more judicious at present when we are at war with Mexico, 
the authorities of ^vhich have been labouring to engage the different 
tribes to war against us; and it has been confidentially stated, that 
these Indians are among the number, who have already engaged to join 
the Mexican army against us in the event of a second invasion, they 
being induced doubtless by promises of land and country; and should 
you ratify and confirm this treaty, it doubtless would tend to secure 
their permanent friendship, a thing at this time much to be desired, 
all of which is respectfully submitted. 

Sam Houston 

Treaty with the Cherokees.*^ 

ITiis Treaty made and established between Sam Houston and John 
Forbes, Commissioners, on the part of the Provisional Government of 
Texas, of the one part, and the Cherokees and their Associate Bands 
now residing in Texas or the other part — towit Shawanees, Delawares, 
Kickapoos. Quapaws. Choctaws, Boluxies, lawanies, AlabamaS; 
Cochatties, Caddos of the Naches, Tahoocattakes, and Unataquous — 
By the Head Chiefs, Head ^Men and Warriors of the Cherokees. as 
Elder Brother and Representative of all the other Bands, agreeably to 
their last General Council. This Treaty is made, conformably to a 
declaration made by the last General Consultation, at St. Felipe, and 
dated 13th November A D 1S35. 



**The journal has no copy of this treaty: it has, therefore, been supplied 
from the original MS. in Indian Affairs. Texas State Library, 



Kepublic of Texas 37 

Article First. 

The parties declare, that there shall be a firm and lasting peace 
forever, and that a friendly intercourse shall be preserved by the peo- 
ple belonging to both parties. 

Arti<jle Second. 

It is agreed and declared that the before named Tribes, or 
Bands, shall form one community,. and that they shall have and pos- 
sess the lands within the following bounds, towit, — laying West of the 
San Antonio road, and beginning on the West, at the point w^here the 
said road crosses the River Angeline, and running up said river, untill 
it reaches the mouth of the first large creek (below the Great 
Shawanee village) emptying into the said River from the north east, 
thence running with said creek to its main source, and from thence a 
due north line to the Sabine River, and with said river west — then 
starting where the San Antonio road crosses the Angeline river, and 
with the said road to the point where it crosses the Naches river and 
thence running up the east side of said river, in a north west direction. 

Article Third. 

All lands granted or settled in good faith previous to the settlement 
of the Cherokees, within the before described bounds, are not con- 
veyed by this treaty, but excepted from its operation. All persons who 
have once been removed and returned shall be considered as intruders 
and their settlements not be respected. 

Article Fourth. 

It is agreed by the parties aforesaid that the several Bands or Tribes 
named in this Treaty, shall all remove within the limits or bounds as 
before described. 

Article Fifth. 

It is agreed and declared, by the parties aforesaid, that the Land, 
lying and being within the aforesaid limits shall never be sold or 
alienated to any person or persons, power or Government, whatsoever 
else than the Governuwnt of Texas, and the Commissioners on behalf 
of the Government of Texas bind themsclvs, to prevent in future all 
persons from intrudine witliin the said bounds. And it is a<_rreed 
upon the part of the Cheroivees. for themselves and their Younger 
6 — Lib. 



38 Secret Journals of the Senate 

Brothers, that no other tribes or Bands of Indians whatsoever shall 
settle within the limits aforesaid, but those already named in this 
Treaty, and now residing in Texas. 

Article Sixth. 

It is declared that no individual person, member of the Tribes before 
named, shall have power to sell or lease land to any person or persons. 
not a member or members of this community of Indians, nor shall any 
citizen of Texas be allowed to lease or buy land from any Indian or 
Indians. 

Article Seventh. 

That the Indians shall be governed by their 0T\Ta Kegnilations and 
Laws, within their own territory, not contrary to the Laws of the Gov- 
ernment of Texas. All property stolen from the citizens of Texas, or 
from the Indians shall be restored to the party from w^hom it was 
stolen, and the offender or offenders shall be punished by the part}- to 
whom he or they may belong, 

. Article Eighth. 

The Government of Texas shall have power to regulate Trade and 
intercourse, but no Tax shall be levied on the Trade of the Indians. 

Article Ninth. 

The parties to this Treaty agree that one or more agencies, shall be 
created and at least one agent shall reside, specially, within the 
Cherokee Yilla.aos, whose duly it sliall be to see that no injustice is 
done them, or other members of the community of Indians. 

Article Tenth. 

The parties to this Treaty agree that so soon as Jack Steele and 
Samuel Benize shall abandon their improvements, without the 
limits of the before recited tract of country, and remove 
within the same, that they shall be valued and paid for by the Govern- 
ment of Texas, the said Jack Steele and Samuel Benge having until 
the month of November next succeeding from the date of this treaty, 
allowed them to remove within the limits before described. And that 
all the Lands and improvements now occupied by any of the before 
named Bands or Tribes, not lyincr within the limits before described 
shall belong to the Government of Texas and subject to its disposal. 



Republic of Texas 



39 



Article Eleventh. 

■ The parties to this Treaty a^ree and stipulate that all the Bands 
or .Tribes, as before recited (except Steele and Benge) shall remove 
within the before described limits, within eight months from the date 
of this Treaty. 

Article Twelfth. 

The parties to this Treaty agree that nothing herein contained shall 
effect [sic] the relations of the Saline, on the Naches nor the settlers 
in the neighbourhood thereof until a General Coimcil of the several 
Bands shall take place and the pleasure of the Convention of Texas be 
known. 

Article Thirteenth. 

It is also declared, that all Titles issued to Lands, not agreeably 
to the declaration of the General Consultation of the People of Texas, 
dated the thirteenth day of November, eighteen hundred and thirty 
five, within the before recited limits, are declared void, as w^ell as all 
orders and survevs made in relation to the same. 



Done at Colonel Bowls Tillage on the Twenty third day of Febru 
ary, Eighteen hundred and thirty 
visional Government of Texas. 



six, and the First Year of the Pro- 



Witness 



his 



Fox + Fields Interpreter 
mark 

Henr^" Millard 

Joseph Durst 

A. Horton 

George W. Case 

Mathias A. Bingham 

Geo. W. Hockley • 

Secretary of Commission 



Sam Houston 
John Forbes 

his 
Colonel + Bowl 
mark 
his 
Big + Mush 
mark 
his 
Samuel + Benge 
mark 
his 
Oosoota -f- 
mark 
his 
Corn + Tassle 
mark 
his 
The 4- Egg 
mark 
his 
John + Bowl 
mark 
his 
Tunnetee -f- 
mark 



40 Secret Journals of the Senate 

Columbia 21st Deer 1836 

Secret Session of the Senate. 

On motion of ^Iv Horton the question for the nomination of Felix 
Huston, as J[unio]r Brig-adier General of the Army of Texas, was 
reconsidered. The question beinc: put, will the Senate advise and con- 
sent to the nomination of Felix Huston as Junior Brigadier General 
of the Army of Texas, the Senate advised and consented to the nom- 
ination. 

Ayes — ]Messrs. Corzine. Ellis, Grimes, Horton, Irion, Lester, Robert- 
son, Morehouse, Ruiz, and Wilson — 10 

Noes — Messrs Everitt, and Somerville — 2. 



■ Secret Journal 
Deer 22nd 1836 
The substitute submitted by Mr Horton on yesterday was taken 
up, and the ayes and nays being taken were as follow^s:*^ 

And the rules being suspended, the bill passed 

Mr Everitt moved a reconsideration of the vote on the nomination 
of General Green, and called for the ayes and noes. 

Ayes — Messrs. Corzine, Everitt, Morehouse, Robison [sic,] and 
Wilson — 5 

Noes — Messrs Ellis, Grimes, Horton, Irion, Lester, Ruiz and Somer- 
ville — 7. Lost. 

Mr Morehouse moved that the injunction of secrecy be removed, as 
regarded nominations. Carried. 

The following message was received from the President, handed in 
by his Private Secretary. 

Executive Department 
Columbia 22nd Dec. 1836.« 
To the Hon[orable] 

The Senate 
Gentlemen 

It affords me pleasure to make the following nominations, which 
with great respect I submit for the consideration of your Hon[orable] 
body, as well as their confirmation: For Senior Brigadier General of 
the Army of Texas, A.' Sidney Johnson ; For Colonel of Ordnance, 
George W. Hockley; For Colonel of Engineers, N. Winter Smith; 
For Adjutant General of the Army, E. ^Morehouse; For Inspector 
General, John T. Collinsworth; but not having it in my power to in- 
form myself with retrard to those Officers, not nominated for the 
reason that I have received no returns from the Army, and not having 

*^The journal does not show the result of the ayes and noes. 
**See note 6 above. 



Republic of Texas 41 

been there in person, I will hereafter inform myself with rgrard to the 
qualifications of those who present themselves, and will observe sing- 
ular caution in making the temporari- appointments, none of whom will 
be commissioned, but the whole number will be laid before your Hon- 
orable body at the next Session of Congress for your ratification. 

The Gentlemen nominated are eitlier known to me as highly 
meritorious or were recommended by the highest authority. 

Your obt servt 

Sam Houston 

The foregoing nominations were advised and consented to by the 
Senate 

On motion of Mr. Everitt, the injunction of secrecy was removed, 
as regarded the above nominations 

The subject of a treaty with certain tribes of Indians w^as taken up, 
and on motion of Mr. Corzine, was laid on the table, until the fi.rst 
Monday in May next. 

The following message was received from the President 

Executive Department 
Columbia 22 Dec. 1836." 
Columbia 22. Dec. 1836." 
To the Hon[orable] 

The Senate 
Gentlemen 

I have the pleasure to nominate and shall be pleased to appoint 
Robert Barr Esq. for the office of Post i\ Taster General, and respect- 
fully ask the concurrence of the Senate 

Your Obt Sevt 

Sam Houston 

The above nomination was ad^-ised and consented to by the Senate 

R Scurry 
Secretary of the Senate 
Richard Ellis 
Presfident] of the Senate pro tern 

*Bee note 6 abore. 



FIRST CONGRESS 

SECOND OR ADJOURNED SESSION 

Secret Session 
May lOth 1837^ 
The senate went into secret session The following communications 
were rec[eive]d from the President 

Executive Department 
City of Houston 10th May 1837^ 
Gentlemen of the Senate 

I take pleasure in presenting to you for your constitutional ad- 
vice and ratification the following appointments: 

Albert T. Burnley and Thomas W. Gilmer as Commi'^sioners to the 
United States to negotiate a Loan of One Million of Dollars. 

Your concurrence is respectfully solicited and your ratification will 
be highly gratifying. 

Sam Houston 

Executive Department 
City of Houston 10th May 1837^ 
Gentlemen of the Senate 

I take great pleasure in submitting to your Honorable body the fol- 
lowing Gentlemen for the offices specified, for your ratification, who 
have been appointed during the recess of Congress 
J. Pinckuey Henderson, Secretary of State. 
William S. Fisher, Secretary of War 
Peter W. Grayson, Attorney General 

Sam Houston 

Executive Department 
City of Houston 10th of May 1837.* 
Gentlemen of the Senate 

With pleasure I present to you for your constitutional advice and 

^The manuscript of the secret journal of the First Congress. Second Ses- 
sion, bears the title "Journals of the Senate Secret Session." It is a rough 
or first draft, covers twenty-four unnumbered folio pages, and, while the 
entire journal appears Xo be in the handwriting of the secretary, it is not 
signed by that otlicer nor by the president pro tem. The manuscript is 
among the papers of the First Congress. Second Session. 

-The copy of the message here printed lias been compared with and made 
to conform to the original. 

'Hid, 



Republic of Texas 43 

ratification the appointment of Memucan Hunt as Llinister Plenipo- 
tentiary and Envoy Extraordinary to the Government of the United 
States of North America. 

Your concurrence is respectfully solicited and your ratification will 
be highly gratifying. 

Sam Houston 

Executive Department 
City of Houston 10th May 1837.=^ 
Gentlemen of the Senate 

With pleasure I enclose to you for your constitutional advice and 
ratification, the following appointment of Officers in the Army of 
Texas, 

Your concurrence is respectfully solicited, and your ratification 
will be highly gratifying. 

Sam Houston 

A List of Officers actually in Service in the Army of the Bepuhlic 

of Texas^ 
Brigadier Generals A. Sidney Johnston, Senior* 

Felix Huston, Junior* 
Adjutant General E. Morehouse* 

Assistant Aclj 't General P.H.Bell 
Quarter Master General William H. Patton 
Quarter ]Masters Pinckney Caldwell 

M. H. Short 

William Lawrence 

Valentine Bennett 

Gabriel Long 
Asst Quarter blasters from the line' 
Pay Master General Jacob Snively 
Pay Masters Robert Oliver 

J. W. Scott 
Surgeon General A. Ewing 

Medical Director Walter Fosgate 

Surgeons • James B. P. January 

Ezra Read 

Wm. F. H. Davidson 

Wm. M. Shepard 

A. LjTich 

Wm. G. Lewis 

Philip Borton 

•See note 2 above. 

*D. S. in Army Papors. Texas Slate Library. 

^0 names were submitted for this place. 



44 ■ Secret Jourxals of the Senate 

Assistant Surgeons F. A. Whitaker 

T. T. Anderson 

Lorenzo Falton 

C. F. Beaumlien 

R. ]\rontgomery. 
Conmiissary General of Purchases A. S. Thruston 
Commissary of Purchases Samuel Ilewes 
Commissary General of Subsistence D. F. WejTnouth 
Inspector General William G. Cooke 
Assistant Inspector General Charles De Morse 
Colonel of Engineers N. Winter Smith* 
Lieutenant of Engineers Manasseh Sevey 

ORDNANCE DEPARTifENT 

Geo. W. Hockley Colonel* 

CAVALRY 

H. W. Karnes Colonel 

Lieutenant Colonels Lysander Wells 
■ Juan N. Segniin 

Major J. W. Tinsley 

Captains of Cavalr^^ John S. Hendershot 
Salvador Flores 
Manuel Flores 
Antonio Menchaca 
Thomas Pratt 

First Lieutenants of Cavalry 

L. Demott 
John Keating 
John ]\Iiner 
Leander Arreola 

Second Lieutenants of Cavalry 

Robert P. Crockett 
Arthur Thynn^ 
Ambrozio Rodriguez 
William G. Still ' 

ARTILLERY 

Dugald ]\lcFarlane, Captain 
Adam Clendeimin, Captain 
First Lieutenants Geo W. ]\Iorgan 

M. B. Skerritt 
Second Lieutenants Price C. Duncan 
William O'Neill 



Republic of Texas 45 

regular infantry 



Colonel Amasa Turner 
Lieutenant Colonel X. Ljnch 
Major R. Boyd Irvine 
Captains M. K. Snell 

R. D. ]McCaskey 

Lindsay Hauler 

Eug-ene T. Smith 

James Jevans 

Geo T. Howard 

D. S. Nelson 

John M. Clifton 

Barton Peck 

Levi P. Lockhart 

Oliver H. Peters 

James Moncur 
First Lieutenants Regular Infantry 
Samuel B. Carson 
Daniel 0. Driscoll 
William M. Dunningion 
Mathew McGovan 
M. P. Woodhouse 
C. D. 0. Gilland 
Charles Stewart 
Eldrige G. Saunders 
James Berry 
John M. Hall 
Joseph Brutton 
Robt. G. Saunders 
Second Lieutenants Regular Infantry 
R. E. Sevey 
James B. Reeves 
Sam B. Mixon 
Geo W. Fulton 
Wm. L. ^IcCutcheon 
William Redfield 
Jno. D. Jamieson 
Charles Somerville 
Lewis Richardson 
Sam W. .Allen 
H. C. Craig 
Georsre Leonard 



46 Secret Journals of the Senate 

^permanent volunteers 

Colonels J. 11. D. Rodgers 

H. R. A. Wigginton 
Lieutenant Colonels 

Alonzo B. Switzer 

Benj. T. Gilland 
Majors John Grey 
J. H. Davis 
Captains Clark L. Owen 
. D. Y. P:yTon 

J. B. Robertson 

John McClure 

T. Jefferson IMorgan 

L. S. Peebles 

J. F. Wright 

Andrew Xeill 

Joseph Wicht 

John Holliday 

John H. Hariy 

F. P. Gray 
Tliomas Leftwich ^ 
Sam W. Jordan 
J. J. M. HaU 

First Lieutenants 

James H. Chisholm 
J. J. Price 

G. B. Jones 
Robert Wilkins 
Andrew Daily 
Richard A. Abbott 
John S. Gilder 
Leonard Clark 

A. V. Faro 
James Campbell 
John Lemon 
H. M. Thompson 
Henry L. Crash 
Azel Sharp 
G. H. Haas 
Philip Young 
Daniel Murphy 
P. K. Garner 
F. Jones 



Republic of Texas 47 

Second Lieutenants 
C. C. CoUy 
T. D. Allen 
Jesse Beason 
John R. Jennings 
John Define 
James Allston 
John W. Bro\\'Ti 

B. H. H. Butts 
Edward Smith 
Charles A. Clark 
Anthony Deffenbaux 

C. Butterfield 

D. 'J. Kyger 
Henry C. Buht 
Edward W Sargeant 
Willis Edson 

T. P. Yeatch 
Samuel King 
In relation to the list of officers submitted for the consideration of 
your Excellency, to prevent misconstruction on the part of the Sen- 
ate to whom the same have to be submitted, I will simply state that 
the whole are now actually in service, and that no superfluous officer 
is attached to the Army of Texas. Five of the principal officers, 
marked thus *, have already been recognized by the Senate. My 
object in placing them upon the list of nominations was that I might 
have some paper to refer to in making out an Army Register after 
the whole had been recognized by the constitutional authority. Ac- 
cording to the list of officers submitted to you it will appear that 
two Lieutenant Colonels are attached to the one regiment of Cavalry 
recognized by law. In explanation of this apparent discrepancy I 
will state that in accordance with an act of Congress, authorizing 
your Excellency to employ such forces as might in your opinion 
prove most efficient for the defence of the frontier I have with your 
consent detailed Lieutenant Colonel Lysander Wells, from the Cav- 
alry, as commander on the frontier from the River Guadaloupe to the 
Sabine. 

Respectfully 

Your Obedient Servant 

William S Fisher 
Secretary of War 

Which were made the Order of the Day for Monday next 



48 Secret Jocrxals of the Senate 

Secret Resolution 

Resolved that a committee of three be appointed to wait on the 
President and ask from him all information of an official nature 
that he may have touching the conduct of Brigadier Felix Huston. 

The committee to consist of Messrs Everitt Horton [and] Irion 



May 15th, 1837J 
A message from the president, by his private secretary Mr. Rich- 
ardson, was received and the senate went into secret session. 



May 19th 

The following communication was received from the President, 
and the Senate went into secret session 

Executive Department 
City of Houston 19th May 1837 
Gentlemen of the Senate 

I take pleasure in presenting to you the following names for Rev- 
enue Officers at the different Ports of Texas 

For the Port of Galveston, Gail Borden, Collector, 

For the Port of Brazos, Jeremiah Brown, Collector. 

For the Port of Matagorda Thos Stewart Collector 

For the Port of Beaumont, or Sabine Bay R. C. Doom Collector 
his control to extend from the Gulf of the Sabine as high as Laws 
ferry on said river. 

For the Port of Gains ferry on Sabine James Gains Collector 
to include Laws ferry and all crossings of the river Sabine between 
said point and thirty second degree of North latitude on said river 

From the extent of line which v,'ill be necessarily embraced in this 
recommendation I would respectfully suggest that in reference to 
the two last nominations it might be well that they should have 
powder to appoint such deputies as shall be required for enforcing the 
revenue laws by first refering the subject to the Secretary of Treasury 

(Signed) Sam Houston 

On motion of ]\rr. Everitt the nominations was taken up 

First Gail Borden Jr as Collector of Galveston Port voted as fol- 
lows 

Ayes — Messrs Pres[iden]t, Augustine, Ellis, Everitt, Hill, Horton, 
Irion, Lester Robinson [sic], [and] Sonnnerville 

Noes ]Mr Willson. Carried 10 ayes 1 Nay 

Jeremiah Brown as Collector of the Port [of] Brazos 

^Journal of the Senate of the Repiihlic of Texas. 1 Cone:.. 2 sess., p. 10. 
The iiir.ssase bas not been found. Secret ses.^ions of which nothing is known 
were also held May 16 and IS. 



Republic of Texas 49 

Ayes, Messrs President Augustine Ellis Everitt Hill Horton Irion 
Lester Sommervill Willson 

Noes Mr Itobertsun Carried 10 Ayes 1 Nay 

Thomas Stewart as Collector of the Port of Matagorda. 

Ayes ^lessrs Hill and Horton 2 

Noes Messrs President, Augustine Ellis Everitt Irion Lester Eobert- 
gon Sommerville and AYills [on] 9 Lost 2 Ayes and 9 Noes 

R C Doom Collector on the Gulf up the Sabine as high as Laws 
Ferry on said river was unanimously elected 

James Gains Collector for Gaines Ferry to extend as far [as] the 
32° of North Latitude Unanimously rejected 

On motion of Mr. Everitt the injunction of secrecy was removed 

and [the] door opened 



Journal of Senate 
Saturday 20th May 1837* 
On motion of Mr. Everitt the Senate went into secret session 
and on motion of same gentleman the injunction of secrecy was 
removed and act recorded on secret journal. 



Monday May 22nd 1837 

On motion of Mr Everitt the Senate went into secret session and 
the nominations of the Pres[iden]t of the officers of the Army waa 
taken into consideration and confirmed 

P H Bell Assistant Adjutant General 

Wm H Patton Quarter j\laster General 

Pinckney Caldwell 1 

Wm Lawrence I Quarter Masters 

Gabriel Long J 

"Asst Quarter Masters for the line''^ 

Jacob Snively Pay Master General 

Robt Oliver K, ^, ^ 

T -TTx r. . KPay Masters 

J. W. Scott J -^ 

Walter Fosgate Medical Director 

Jas B P January 

Ezra Read 

Wm F. H Da\'idson 

Wm I\I Shepard y Sur^ceons 

A LjTich 

Wm G Lewis 

Phillip Borton 

•Manuscript of public journal. The secret journal makes no note of this 
spf^sion. 
"See note 7, p. 44. 



50 



Secret Journals of the Senate 



Ass[istant] Surgeons 



F A Whitaker 

T J Anderson 

Lorenzo Fulton 

C F Baeumlein 

R Montgomery 

A S Tliruston Commissary General of Purchases 

Saml Hewes Commissary of Purchases 

D F Weymouth Commissary General of Subsistance 

Wm G Cooke Inspector General 

Charles De Morse Ass[istant] Inspector General 

Manasseh Sevey Lieut [enant] of Engineers 

(Ordinance Department confirmed at 1st session) 



• CAVALRY 



H W Karues CoUonel] 
Lysander Wells 
Juan N. Seguin 
J W Tinsley Major 
John S Ilendershot 
Salvador Flores 
Antonio Menchaca 
Manuel Flores 
Thomas Pratt 

L Demott 
John Keating 
John jMiller 
Leander Arreola 
Robert P Crockett 
Arthur Thynne 
Ambrozio Rodriguez 
William G Still 



L[ieutenan]t Col[onel]s 



Capt[ains] of Cavalry 



First Lieutenants of Cavalry 



-Second Lieutenants 



artillery 



Dougald McFarlane 
Adam Clendennin 
Geo W IMorgan 
M. B. Skerritt 
Brice C Duncan 
William O'NeiU 



I Captain 



First Lieutenants 



Isec 



oud Lieutenants 



Republic of Texas 



REGULAR INFANTRY 



Captains 



Amasa Turner Colonel 

N Lynch L[ieutenan]t Colonel 

R Boyd Irvin Major 

R D McCaskey 

Lindsay Hagler 

Eugene T Smith 

James Jevans 

Geo T Howard 

D S Nelson 

John M Clifton 

Barton Peek 

Levi P Lockhart 

Oliver H Peters 

James Moneur 

Saml B Carson 

Daniel 0. DriscoU 

"Wm M Dunnington 

Matthew McGovan 

W P Woodhouse 

C D 0. Gilland 

Charles Stewart 

James Berry 

John M HaU 

Joseph Brutton 

R E Sevey 

James B Reeves 

Saml B Mixon 

Geo W Fulton 

Wm S ]McCutcheon 

Wm Redfield 

John D Jamieson 

Charles Somerville 

Lewis Richerdson 

Saml W. Allen 

H C Craig 

George Leonard 



First Lieutenants R[egular] Infantry 



. Second Lieutenants R[egular] Infantry 



PERMANENT VOLUNTEERS 



H R A Wigginton Colonel 

Benj T Gilland Lieut [enant] Col[onel] 

John Grev } ^r - 

plajors 



J H Davis 



52 



Secret Journals of the Senai'e 



Clark L. Owen 
D Y P}Ton 
J. B. Robertson 
Jokn McClure 
T Jefferson Morgan 
L S Peebles 
J F Wright . 
Andrew Xeiil 
Joseph "Wicht 
John Holliday 
John H Harry 
F P Gray 
Thomas Leftwich 
Samuel W. Jordan 
J J M Hall 
Jas H Chisholm 
J J Price 
G B Jones 
Robt Wilkins 
Andrew Daily 
Biehd A Abbott 
John S. Gilder 
Leonard Clark 
A y Faro 
James Campbell 
John Lemon 
H M Thompson 
Henry L Crash 
Azel Sharp 
G H Haas 
Philip Young 
Daniel ^Murphy 
P K Garner 
F Jones 



Captains 



'First Lieutenants 



Eepublic of Texas 



53 



-Second Lieutenants 



C C Colly 
T D Allen 
Jesse Beason 
John It Jennings 
Jqlin Dcvine 
James Allston 
John W Brown 
B H II Butts 
Edward Smith 
Charles A Clark 
Anthony Deffenbaux 
C Butterfield 
D J Kyger 
Henry C Buht 
Edward W Sargeant 
Willis Edson 
T F Yeatch 
Sam'l King 

List of those rejected by the Senate 
J H D Kodgers Colonel of Permanent Volunteers 
Alonzo B Switzer L[ieutenan]t Col[onel] 
M K Snell Capt[ain] R[egular] Infantry 

Names of postponed for the present 

''''f°% ,, JQuarter Masters 

Valentme Bennett J 

A. Ewing Surgeon General 

First Lieut [enants] Regular Infantry postponed 

Eldridge G Saunders 

Robert G Saunders 

Mr Everitt moved a reconsideration of the nomination [of] Gail 
Borden Jr. as Collector of the Port of Galveston which was lost 

Mr Everitt moved that the injunction of secrecy be removed. Car- 
ried 

On motion of Mr Everitt the Senate adjourned until this evening 
8 OCloek 



8 OClock P :\[ :\Iay 22 

Mr Everitt moved that the Senate should go in [to] secret session. 

Carried 

The communications of the President rec[eiveld iMay 10th being 

the Order of the Day the nomination of ]\lemican Ilimt ^Minister Plen- 

epotcntiary and Envoy Extraordinary to tlie United States was read 

and on motion of Mr Everitt was laid on the table until tomorrow 
7 — Lib. 



54 Secret Jourxat.s of the Senate 

Second Tlie nomination [of] J Pinelaiey Henderson [as] Secretary 
of State v/as confirmed 

Third Tlie nomination of Wm S Fisher as Secretary of AVar was 
laid on the table until "Wednesday next 

Fourth The nomination of Peter AV Grayson as Attorney General 
[was] Confirmed 

The nominations of Albert T Burnley and Thomas W Gilmer to the 
United States as commissioners to negociate a lone of one Million 
of dollars Avas laid on the table until Wednesday next. 

The following communication from the President was received by 
his private secretary and ordered to be read. 

Executive Department 
City of Plouston 22d Alay 1837.^ 
Gentlemen of the Senate 

I take pleasure in presenting to you the names of the following 
Gentlemen for the offices of Collectors viz. 
For the Port of Alatagorda, George M Collinsworth, Collector. 
For the Port of Gains' Ferry, John G. Love, Collector 
Tliese are offered instead of Thomas Stewart and James Gaines, who 
were rejected by your honorable body. 
I respectfully solicit your concurrence in the above nominations 

Sam Houston 

The above was laid on the table until tomorrow. 

Executive Department 
City of Houston 22nd IMay ISST.^'* 
Gentlemen of the Senate 

With x)leasure I present you the following names for officers of 
the Navj% viz. 

James Gardiner Hurd, Lieutenant 
James D. Boylan, Master Commandant 

I most respectfully solicit your concurrence in the above nomi- 
nations. 

Sam Houston 
Laid on the table until Wednesday next 

Mr Horton moved the injunction of secrecy be removed Carried 
On motion of Air Horton the doors were opened 

•See note 2 above. 
''Ibid. 



Republic of Texas 55 

Journal of the Secret Session 
Tuesday A :\[ May 23rd 1S37 

The nominations as made hy the President of the Republic was 
taken up 

First The nomination of ^Memican Hunt as ^Minister plenepoten- 
tiary and envoy extraordinary to the United States. 

]\Ir Ellis moved the nomination to lay on the table until tomorrow. 
Carried. 

Second The nomination of Geo M Collinsworth as Collector of 
the Port of ^Matagorda was read and the Ayes and Noes being called 
was contirmed. 

The Ayes and Xoes towit. 

Ayes iMessrs Pres[iden]t, Augustine, Ellis, Hill, Horton, Irion, 
Lester and Sommerville 8 

Noes ^Messrs Everitt. Robertson, and Willson 

Majority of 5 in favor of confirmation 

Third The nomination of John G Love as Collector of Gains 
Ferry was unanimously confirmed 

The following communication from the President was read and 
laid on the table towit: 

Executive Department 
City of Houston 23rd May 1837 
Gentlemen of the Senate 

With pleasure I submit [to] you the names of the following Gen- 
tlemen for appointment in the Commissary General of Subsistanee 
Department viz 

Commissaries of subsistanee George Clinton Frailey and "Wm Ken- 
nedy Stiles 

Ass[istant] Comniissnry of Subsistence John Dolernan 

Your concurrence is respectfully requested in the above nomina- 
tions. 

Sam Houston 

Laid on the table 

!Mr Sommerville moved a reconsideration of the nomination of 
^lartin K Snell as Capt[ain] of Regular Infantry, Carried and his 
nomination confirmed 

On motion of 'Mr Everitt the nomination of A B Switzer as Lieuten- 
ant Colonel was reconsidered and confirm.ed 

On motion of ^Mr Everitt the nomination of A Ewinc: as Surgeon 
General was taken up, and on motion of Mr Ellis was postponed 
until tomorrow 

Mr Sommervill moved the confirmation of the nomination of Eld- 
ridge G Saunders and Robert G Saunders as First Lieutenants of 
Infantry which was unanimously confirmed 



56 Secret Journals of the Senate 

The nomination of A ]M Short was taken up and rejected 

Valentine Bennett as Quarter blaster was taken up and the Ayes 
and Noes being called was eontirmed towit 

Ayes IMessrs Pres[iden]t Augustine, Ilorton, Irion Lester Robert- 
son and Sonimervill — 7 

Noes Messrs. Ellis, IliU and AVillson— 4 

Majority of three in favor of confirmation 

Mr Everitt moved the injunction of secrecy to be removed and 
the proceedings published Carried '' 



Journal of Secret Session 
May 24th 1837 

On motion of ]Mr Everitt the Senate went into secret session 
When the nomination of Memican Hunt as jMinister Plenepoten- 
tiary and Envoy Extraordinary was resumed and 

By leave of the Senate Mr Ellis read a communication^^ from the 
Secretary of State showing cause why he Mr Hunt had received 
that appointment. 

On further leave of the Senate his nomination was postponed until 
further communication from the President 

Mr Ellis moved that the nomination of William S Fisher as Sec- 
retary of War to be postponed until the second ^Monday of Novem- 
ber next and to be made the order of that day Carried 

The nomination of xVlbert T Burnley and Thomas W Gilmer as 
commissioners to the United States to negociate a Loan of One Million 
of Dollars, On motion of Mr Everitt was laid on the table imtil 
csllcd up 

]Mr Everitt moved that the Committee on Finance be requested to 
wait on the President and solicit from him a statement of the situa- 
tion of affairs, in regard to the loans authorized by Congress, etc 

The nomination of James D Boylan as ^Master Commandant, post- 
poned until called up 

The nomination of James Gardiner Ilurd as Lieutenant of the 
Navy was unanimously confirmed 

The nominations of Commissaries of Subsistence towit 

George Clinton Frailey 

William Kennedy Stiles and 

Ass[istan]t Comissary of Subsistance to wit 

John Doleman 

was imaniinously confirmed 

"Communication bein;^ of a private nature was not handed in to tba Sec- 
retary. Note by Secretary of the Senate. 



Republic of Texas. " 57 

The nomination of A Ewinir as Surgeon General was talven up and 
Mr Horton moved that the President be requested to withdraw his 
nomination Carried 



Tliursday Mny 25th 1S37 

A message v;as received from the Pres[iden]t relative to the ap- 
pointment of 'M Hunt as ^Minister Plenepotentiary and Envoy Ex- 
traordinary to tlie U[nited] S[tates] was reconsidered and con- 
firmed 

The following is a true copj^ of the communication received from 
the President 

Executive Department 
City of Houston, 25th ^May 1837.^^ 
Gentlemen of the Senate 

. I have the honor to reply to your communication of the 23rd 
inst[ant] touching the appointment of the nonforable] ]\Iemuean 
Hunt as Envoy Extraordinary and j^dinister Plenepotenticiry to the 
Government of the U[nitedl States. 

When the Hon[orable] AYm. H. Wharton was appointed as Min- 
ister Plenipotentiary to that Government, the Honforcible] Congress 
of Texas was then in session, but the different Departments of Gov- 
ernment were not oreaniz'?d ; and it was impossible to etToet through 
him the assurances of our condition, v.hicli w^oukl be of the most 
satisfactory character as to our c^^paeity of self uovernirient. So soon 
as the CongTCss had adjourned and the various Deparlments of Gov- 
ernment completely organized. 

I v;as satisfied that it was expedient and necessary to appoint an- 
other ]\Iinister and I could select no one more suitable than the one 
nominated, who had been present during the session of Congress and 
at its adjourimient and could make the most satisfactory explana- 
tions at Washington in behalf of this Government. ^h\ Hunt was 
sent as a coadjutor to the Hon^orable] 'Mr. Wharton and as such he 
was recognized, and as ]\rr. Wharton assured the Secretary of State 
waf^ very acceptable to him. ^Ir. Wharton in anticipation of the Re- 
cognition of the Independance of Texas by the U[nited] States, de- 
sired that he miuht be allowed to return after the 4th of ^NEarch last, 
alledging tiie condition of his private circumstances as the founda- 
tion of his desire. The Secretary of State advised liim that he had 
leave to retiirn, and requested that he would hand over such docu- 
ments touchiuG: the mission as were in his possession to ^Ir. Hunt, 
who would remain in his place until further orders. I considered 

"See note 2 above. 



58 Secret Joukxals of the Senate 

Mr. Wharton's situation would be vacated agreeably to his wishes 
so soon as he returned to Texas. 

That a 3»Iinister is necessary at Washington there can be no doubt, 
and from the state of our finances it is very desirable that the Min- 
ister should be a GentlenKiu oi' i'ortvuie, and one whose own means 
for the present should be expendtMl in his support. ]\Ir. Hunt thus 
far has made no requisition in this Government for means of sup- 
pori't. I respectfully solicit leave to recommend Mr. Hunt to the 
Senate for his appointment. 

Sam Houston 

The nominations of Commissioners to the U[nited] States to ne- 
goeiate a loan of One ^lillion of Dollars vras taken up to wit 

Commissioners Albert T Burnley and Thomas "W Gilmer vrhieh was 
unanimously confirmed 

On motion of ?dr Everitt the injunction of secrecy was removed 
and the doors opened 



May 27tli, 1S37. 

A message having been received from the President through his 
private secretary, 

On motion of 'Mr. Everitt, the senate went into secret session. 

Mr. Somervell moved that the injunction of secrecy be removed, 
and the connnunicatlon be referred to the committee on finance, 
which was carried. ^^ 



Secret Session May 29th 1S37 

Executive Department 
City of Houston 29th :\Iay 1837.^* 
Gentlemen of the Senate 

I take pl(^asure in nominating to your Honoi'able body, James 
Pinckney H<-nders(m Esq. as Agent and Commissioner to the Gov- 
ernment of His ]>riianic ^laj'\stv, near the Court of St. James .and 
I most respectfully solicit your confirmation of the same, 

Sam Houston 
[The] connunnication [was] laid on the table 

On motion of ]\[r. Sommerville the injunction of secrecy was re- 
moved and the doors opened 

^\To)n-nnIs of the Senate of tJic UrpuJillc of Trjna, 1 Con^:., 2 sess., p. 22. 
No iioto is iiKule or this sc.-oion in tlie secn.'t jouriuil. 
"See note 2 above. 



Republic of Texas. 59 

Secret Session 
June 1st 1837 
On montiou of 'Mv Sommerville the followini^ coininnnication which 
was received from the President was read to wit 

Executive Department 
City of Houston 31st May 1837^^ 

Gentlemen of the Senate 

I have the ph/asure of presenting to you the accompanyinir nomi- 
nations for ofti'-'ers wliich are to compose the Regiment of ]^Jounted 
Gun Men for tiie defence of the frontier and respectfully request 
your concurrence in the same, as I am extremely anxious that the 
Corps should be spet^dly oriianized and rendered eineieut 

Sam Houston 

For Colonel Commandina- Joseph Bennett 

For Lieut [enant] Colonel , Alexander Horton 

For ^lajor John G. McGhee 

For Captain (Coimty of Austin) James Perry 

For First Lieutenant Hiram Thompson 

For Second Lieutenant Edward Pettus 

For Captain (Harrisburg Co[unty] ) John M. Bowyer 

For First Lieutennnt A. B. Van Ben Thuysen 

For Second Lieutenant .i\richael Dick 

For Captain (.Nacogdoches Co[unty] ) Elisha Clapp 

For First Lieutenant J. Gossett 

For Second Lieutenant ' Thomcis J. Anthony 

For Captain (St. xUigustine Co[unty] ) John Clark 

For First Lieutenant Goodloe 

For Second Lieutenant James Burrus 

For Cnptain (Rod River Co[imty] ) John R. Craddock 

For First Lieutennnt ; Tliomas Jouitt 

For Second Lieutenant Robert Ragsdale 

For Captain (Red River Co[unty] ) John H. Dyer 

For First Lieutenant Richard Peeters 

For Second Lieutenant James E. Hopkins 

For Captain (]\rilam Cofunty] ) James A. Wilkerson 

For First Lieutenant Schea Walker 

For Second Lieutenant Ben. F. Fitch 

For Captain (Washington Co[unty] ) J. G. W. Pearson 

For First Lieutenant IMilton Swisher 

For Second Lieutenant Geo. W. Robinson 

"See note 2 above. 



60 Secret Journals op^ the Senate 

For Catpain (Jasper Co[unty] ) Hannibal Good 

For First Lieutenant William Thomaston 

For Second Lieutenant J. M. Taylor 

For Captain (Shelby Co[unty] ) George English 

For First Lieutenant Claborne AYalker 

For Second Lieutenant James Strickland 

Rule suspended, all concurred in except the nomination of J. G. IT. 
Pearson as Capt[ainl of Washington Co[unty] Company, upon 
which the Ayes and Noes were called and stood as follows 

Ayes jMessrs Pres[idenjt Everitt Hill Irion and Sommerville 5 

Noes Messrs Augustine Ellis Horton Lester Eobinson {sic} anct 
Willson 6 

The nomination of James D Boylan as ]\raster Commandant in the 
Navy was taken up and rejected, 

and the following communication from the President was read 

A Joint Resolution authorizing the President to perform certain acts 
for the benefit of Texan Prisoners.^*^ 
Resolved by the Senate and House of Representatives of the Re- 
public of Texas in Cons'ress assembled. That the President be in- 
structed to send the armed vessels Brutus and Invincible, with a flag 
of truce, to the Brazos Santiago, to treat with the i\rexican authorities 
for the release of the crews and passengers of the Texas schooners 
Independence and Julius Caesar, lately captured by the Mexican 
cruisers; and any other Texan citizens who may be prisoners: And 
on failure to procure their release, the commandants of said vessels 
be authorized to take such steps to effect their object, as in their 
opinion circumstances mny justify. 

B. T. Archer Spkr. of H. of R. 

Jesse Grimes Prest Protem of the Senate 

Executive Department 
City of Houston 31st May 1S37 
To the Senate and House of I^eprescntatives of Texas 
Gentlemen 
Your resolution received on the 29th inst[ant] instructing the 
President to send the Armed Schooners Brutus and Invincible to the 
Brazos Santia'jo has been received with some surpi'isc and regret 

After givinir it all the consideration due both to the importance of 
the measure and the dignity of the body from which it eminated I 

'"Tlio Sorrot Joiirnnls hive no copy of tliis Joint HosoluMon; it hns boen 
copied from the cnrollorl l)ill that Avas vetoed by the Prf-sident. Tlie substi- 
tute adopted by Congress is printed in Gamiuei, Laws of Texas, I 1329-1330. 



Republic of Texas. 61 

regret that I am compelled to witliliold my sanction and the more 
so as it contemplates on object in \Yhich the deepest feelings of my 
heart arc concerned 

But having been entrusted by my country with the exercise vested 
by the Constitution in the Executive Department of this Govern- 
ment, I feel myself constrained to adopt the views respectfully sub- 
mitted to you and in so doing I will endeavor brieliy to give you 
the reasons for my course 

As a naked question of ordinary prudence it would be a most 
hazardous step, after the enemy have already in their possession one 
of our Armed Vessel?, to send the other two without even knowing 
the force they have on the Gulf or the course they vv^ill pursue in 
regard to our tkig. 

If they are disposed to receive a flag and treat for an exchange of 
prisoners a flag sent by a neutral or unarmed Vessel would answer all 
the purposes of two Armed Vessels of Vv'ar, and should the enemy 
be disposed to disregard the rules of civilized warfare, would we not 
hazard too much to place in their hands the remnant of a Navy al- 
ready too weak to defend our coast in the Gulf and only sufficient to 
protect our Bays. From all the information I have been able to ob- 
tain, I have every reason to believe, that i\Iexico has a Na\y that 
would greatly overpower our Ships of AYar should they be 
sent as proposed. The consequence of this would be to give them 
the entire command of the Gulf and permit the most insignificant 
armed vessel they might send, not only to annoy our coast, but en- 
tirely to cut off our trade in the Ocean. The Consequences of which 
must l)e manifestly ruinous 

But there is another objection to this part of the resolution that 
I think must have escaped Congress in their laudable zeal to liber- 
ate their Countrymen. The resolution directs that these vessels shall 
be sent to treat for the release of the crews and passengers of the 
Texian Schooners Independance and Julius Ceasar [sic] 

From all the information in the possession of the Executive the 
Julius Ceasar is an Armed Vessel sailing under United States colors 
and for all we know such is the rational and legal presumption, her 
crew if not many of her passengers are Citizens of the United States 

Would it not be justly considered a bold presumption of power by 
i\Iexico as well as the civilized world, as far as [for us?] to under- 
take the recovery of prope^.'ty or prisoners improperly captured un- 
der the flag of the United States 

It seems to me with all deference to your honorable body that tliis 
branch of the resolution could not have received the consideration 
due to its importance 



62 Secret Journals op^ tiie Senate 

Another serious objection which I entertain to this resolution and 
one which I trust Congres.s will gravely consider, is what I regard 
a dangerous infringement of Executive rights The Framers ot the 
Constitution taking for their guide the constitution of the United 
States divided the Governnu-nt into three Departments Executive, 
Legislative, and Judiinal, To tlie Leuislative was entrusted the 
power of legislation and neither of the others can legislate or pass 
any law however necessary for the public good or repeal one how^- 
ever obnoxious. Docs it not then follow equally clear that the leg- 
islative has no right to direct by resolution or otherwise hovv^ a judge 
shall determine a legal question or construe a Law^ in force If so the 
Judiciary would be useless, and that branch of our Government soon 
be merged in the Legislative. 

Then is it not equally clear that the powers entrusted by the con- 
stitution to the executive are equally necessary and sacred and 
among these powers it will not be denied that of Commander of the 
Army and Navy are expressly confered. Then would it not be as 
grefit an assumption of power for the legislature to take from the ex- 
ecutive who is charged with the duty of executing the laws a portion 
of power vested in him by the constitution for that purpose, as it 
would be for the President to direct the legislature v/hat laws they 
should pass and, an assumption of the latter kind on [the] part of 
the executive I am sure would deserve but little countenance from 
your honorably body 

Then it does not clearly appear that the three branches of Gov- 
ernment are sovereien within their sphere, and that neitiier has a 
right to control! any of the functions assigned to the other by the 
Constitition. It is a proper knowledge and observance of these pow- 
ers that lu!s nuade the United Slates of America so great, free, pros- 
perous and happy To the want of that knowledge and a just re- 
gard of it ]\rexico owes her depre^sicn and has always been a prey 
to faction and internal commotions. Let us be careful not to fol- 
low those abuses in the commenc<Mp<-nt of our political [ ?] course 
that impi'lh.Ml us to the ha/arduus but nt'cossary step of separating' 
ourselves from the government of our adoption Should we do so 
well might tlie world say the aalbint have bled in vain and the 
victories of Goliad, Conseption, San Antonio and San Jacinto would 
only serve to show that thofugir] wg had the Valor to conquer we 
had not the AVisdom and Virtue to enjoy rational and civil li])crt)f 
The latter clause of the resolution takes fi-om the executive the 
power which is given him by the Constit\ilion to command the Army 
and Xavy in as nuich as he is instructed to vest the commandants of 
the said vessels with dis.'retionary |)Ovvor to "taki; such steps to ef- 
fect their object as in their opinion (urcumstances may justify" in 



Republic of Texas. 63 

the event of the refusal of the ^Mexican authorities to comply with 
their pr';>{>(.)^ition, })ecaiise it may be that the executive "who is re- 
sponsible would not be willing' to trust the eommandaiits with dis- 
cretionary poweis that Ik? might deem it proper as thi; Commander in 
Chief of tlie Xavy to give special instruelions to guide the command- 
ing officers in their actions in the event of a refusal of the ^Mexican 
authorities to treat for the release of the prisoners taken on board 
of the Indepentlance and Juliu^ Ceasar. 

On the ground of policy and the safety of our fellow citizens who 
are prisoners I am opposed to sending a fiag of truce on an Armed 
Vessel or .Vessels to the port of Brazos Santiago I am satistied 
that a fiag from an armed vessel would not be received, and our force 
would not be such as to coerce and [any?] demand which might be 
made in behalf of our prisoners. No man on earth feels more so- 
licitude for their release and restoration than myself; but I must 
confess that if the course suggested is pursued, I apprehend the 
most disastrous consequences will result to tliem 

I do really believe that the appearance of our armed vessels in their 
port would so excite and inHuence the population in ]\Ietamoras, that 
under the impulse of ignorance and phrenzy they would massacre 
our friends and most probably every North American m the city If 
this were not the case I have no doubt but what our friends would 
be sent to the interior of. the country inunediately, or the rigor of 
their conllnement greatly increased. 

If a neutral vessel Avere sent with a flag the authorities would be 
compelled to respect it and if they would receive a flag from Texas 
it could be ascertained Avithout jeopardizing the safety of the indi- 
vidual who bore it, or jeopardizing the only resource of defence of 
our coast by phicing our vessels in the power of a vastly superior 
naval force. For I have been assured that the Urea has been re- 
leased at Pensecola and today I am advised that our Naval Com- 
manders off Gralveston believe^she is a cruising off that port 

I have suggested these retiections and facts for the consideration 
of your honoraljle })ody in a spirit of Idndness. frankness and cor- 
diality in which I feel confident I shall be met by both Houses and 
I \v]]\ .-onclu le with the expi'ession of my sincere desire that the dif- 
ferent Departments of our Infant Republic may act with that spirit 
of wisdom patriotism fortitude charity and for'nearance whieh en- 
sui'e the perietuity of our Infant Country and the happiness and 
prosperity of unborn millions 

Sam ITouston 

On motion of ^Ir. Sommerville the injunction of secrecy was re- 
moved and. [the] doors opened 



64 Secret Journals of the Senate 

June 1st 1837^^ 
A message was received from the president through, his private sec- 
retary Mr. Richardson, and 

On motion of 3Ir. Irion, the senate went into secret session. 



■ Executive Department 
City of Houston 7 June 1837^'^ 
Gentlemen of the Senate 

I take pleasure in nominating General Georg'e S. I\IcIntosli as Sec- 
retary of Legation to the Hon. J. Pinekney Henderson our Agent and 
Minister to the Courts of St. James and St. Cloud, and' solicit the 
concurrence of your Honorable, body. 

Sam Houston 

Executive Department 
City of Houston 7 June 1337^' 
Gentlemen of the Senate 

I take pleasure in nominating- Ashbel Smith ]M, D. as Surgeon Gen- 
eral of the Army of Texas, and your concurrence is respectfully 
solicited. 

Sam Houston 

7th June 1837-° 
On motion the senate went into secret session. 
The nomination of the Hon, Gen [era] 1 Geo S Mcintosh as Sec- 
retary of Legation to the Court of St James 

the rules [were] suspended and lie was duly elected 
Ashbell Smith as Surgeon General 
And the doors were opened 



Secret Session 
June 8th 1837 
Mr Everitt introduced the following resolution 

Secret Resolution 

Resolved by the Senate and II[ou^e of] Rep[resontativcs] of the 
Republic of Texas in Congress assembled that the Commissioners for 

"Journals of the Sleiiate of the Rcpuhlic of Tcxa^, 1 Cons:., 2 sess., p. 30. 
The secret journal makes no note or this session. Secret sosnions were also 
held on June 5th. and no minute of chcin has been found. — Ihi'l., pp. 37, 3S. 

*-*The secret journal has no copy of ihis message; it has, therefore, been 
supiilit^d from the orii^inal. 

='Tho journal for this day was copied from a portion of the manuscript of 
the imblic journal, marked "Secret Session." 



Kepublic of Texas. , 65 

the Five Million Loan anthorized by an Act passed last session of 
congress be and are hereby empowered to receive upon said loan 
Notes of the Bank of the U[nited] States or Notes of any other 
Banks in the United Stntes which they in their discretion may deem 
solvent even though such Banks may have suspended specie payments 
and may yet continue to suspend them. Anything in the Act author- 
izing the loan to the contraiy notwithstanding 

Eead first time in the Senate 

on motion of ]\Ir Everitt [the rule] was suspended 
resolution read second and third time and passed 
The Senate vras informed by the Chief Clerk of the House that 
the House had passed the following Joint Resolution 

Joint Resolution Authorizing etc 

Be it resolved by the Senate and House of Representatives of the 
Republic of Texas. That the President ])e and he is hereby authorized 
to empower Brig[adie]r Gen [era] 1 Felix Huston to raise One 
Thousand men rank and file for the purpose of carrying on an of- 
fensive war against ^lexieo; said men to be raised from soldiers and 
officers who may be on furlough and such citizens and other persons 
as may voluntarily offer their services. 

Be it further resolved that all officers and soldiers engaged in the 
contemplated expedition shall be organized according to the Lav/s 
of Organization of Volunteer Companies except that all officers who 
are not now in commission over the rank of Captain shall be ap- 
pointed by the President and the whole shall be subject to the rules 
and regulations of war for the Republic 

Be it further resolved, that the CommancliTig General of the expe- 
dition may lirve power to summon forthwith Courr ]\Iartials, and 
approve sentences of death and carry the same into immediate exe- 
cution.-^ 

Be it further resolved that any soldier or otiicer who shall be guilty 
of unlicensed jjli^iider contrary to orders shall suiter death or such 
other punishment as a court martial may adjudge 

Be it further resolved, that court martinis on the contemplated ex- 
pedition may consist of five conmaissioned officers none of whom 
shall be below the rank of Captain. 

Be it further resolved that Gen [era] 1 Felix Huston may with the 
permission of the President employ the forces to be raised under this 
resolution with such transports as he can obtain in the invasion of 
Mexico 

'^This sor'lion doc? Tiot appear in tho Sccrot .Tournnls: it war, copied from 
tho original ^IS. bill in Papers of First Congress, Second Session. 



66 Secret Jol:knals of the Senate 

Be it further resolved that the oiYlecrs and soldiers engaged in this 
expedition may be discharged at such times as the Com[mandin]g 
General directs but shall ii; ho re^iuires serve the term of six months 
from the date of their enrollment but no such discharge shall re- 
lease those ^vho are on furlough f fom their prior engagement 

Be it further resolved that the proceeds of the expedition accord- 
ing to the rules of ci^dlized warfare may be paid by the Com[mand- 
injg Gen [era] 1 according to such, contracts as he may make for 
transportation, arms, ammunition, provisions etc etc and to the of-- 
ficers and soldiers under regulations to be adopted by him provided 
however one tenth of all such proceeds shall be reserved and paid 
over into the treasury of Teias 

Be it further resolved that the officers and soldiers engaged in this 
expedition except those on furlough shall receive the "same remuner- 
ations as is allowed by law to soldiers now in. service according 
to the time they serve and that all armed vessels and all arms taken 
shall belong exclusively to the Republic of Texas 

Read first time in Senate June Sth 1S37 



Journal of Secret Session 

June 10th 1S37 
On motion of ]Mr Everitt the following communication from his 
Excellency the President to wit 

Executive Department 
City of Houston 10th June 1837.=^ 
Gentlemen of the Senate 

I take pleasure in nominating Colonel James C. Allen, as Judge 
Advocate General, of the Army of Texas, also I\Iajor Thomas J. 
Morgan as Brigade Inspector of the Army. 

I very respectfully request your concurrence in these nominations 
as the appointments have issued some time since, and the Gentle- 
men have been in the discharge of their duties. 

From the confusion produced by the removal of papers from 
Columbia to this ])lace they were overloolvod in the general nomina- 
tions. I hope your honornble body will permit them to take rank 
from the date of their appointments 

Sam Houston 
passed its third rending.-- 
]\rr Everitt then moved that the resolution authorizing the carryini? 

"'See note 2 above. 

'-There is nothing in the context to show what passed to its third reading. 



Republic of Texas. 67 

on an offensive war be taken up Motion carried. And the reso- 
lution was read a second time. 
and the doors were opened.-^ 

^Here ends the manuscript journal of the B^irst Congress, second session. 



SECOND CONGRESS 



8 — Lib. 



Roll of Senators 
Heury W. Augustine,^ 



T V A /^ 1 r'fov the District of San Ausrustine. 

John A. Greer/ 

George W. Barnett, for the District of Washington. 

Isaac W. Burton, for the District of Nacogdoches. 

John Dunn, for the District of Goliad. Refugio and San Patricio, 

Richard Ellis, for the District of Red River. 

Stephen II. Everitt, for the District of Jasper and Jefferson. 

Alexander C. Ilorton, for the District of ^latagorda, Jackson and 

Victoria. 

James S. Lester, for the District of IMina and Gonzales, 

Emory Rains, for the District of Shelby and Sabine, 

Sterling C. Robertson, for the District of IMilam. 

Thomas J. Geen,^ | t^- ^ ■ ^ . -o 

T ^T c. • o )>±or the Distnct of Bexar. 

Juan N. Segum,- [ 

Alexander Somervell, for the District of Colorado and Austin. 

William H. Wharton,= "] . ^-u t^- ^ • x i? -o 

,pr^.„. ^ ^ ,, , xfor the District of Brazoria. 

William J. Russell,^ j 

Robert Wilson, for the District of Harrisburg and Liberty, 

Officers of the Senate 

^lirabeau B. Lamar, Vice-President. 
Stephen PI. Everitt, President pro tern. 

Arthur Robertson, Secretary during called and regular sessions. 
Manasseh Sevey. Assisant Socrotaiy during called and regular ses- 
sions. 

William Fairfax Gray, Secretary during adjourned session. 

'H. W. Augustine resigned November 24, 1837; he was succeeded by John 
A. Greer, who took his seat at the opening of the adjourned session. 

-The seat of the senator from Bexar was dechired vacant October 20. 1837: 
the election of Juan N. Seguin as senator from Bexar was reported to the 
senate December o. 1837. 

*W. J. Russell succeeded W. H. Wharton, resigned, and took his seat at 
the opening of the adjourned session. 



SECOND CONGRESS 

FIRST OK CALLED SESSION 

Secret Journal of the Senate 
Extra Session 

Sep. 29tli 1837* 

On motion of ^Ir Green the Senate went into secret session. 

]\Ir. Green stated that he had been secretly instructed by Congress, 
when in session at Columbia, to offer the command of the Texian 
Army to Gov[ernor] Hamilton of S[outh] Carolina^ and he moved 
the injunction of secrecy respecting the same be removed, but on some 
remarks being made by the President of the Senate, he withdrew the 
motion 

]\Ir Burton introducd a lYCSolution authorizing and instructing the 
President of the Senate to address a communication to the Vice Presi- 
dent of the Republic recalling him to fulfill his constitutional duties, 
which was uncuiimoudy adopted. 

The doors were then opened. 



Secret Session 
Sep 30th 1837 
The President pro. tem. of the Senate submitted his communica- 
tion to the Vice President of the Republic written in accordance with 
the resolution passed in Secret Session Sep 29th 1S37, which, together 
with the commimication, is subjoined. 

Houston 29th Sep. 1837 

Secret Resolution 

Resolved, by the Senate of the Republic of Texas. That the ab- 
sence of our Vice President at this particular crisis is particularly 
detrimental to the Public interest, because that in the first place, by 
the unforeseen hand of Providence, the the Chief ^Magistracy of 
this Republic may devolve upon him, and secondly from the limited 
number of Senators, it is extremely inconvenient to this body to 
spare one of its members to perform the duties of Vice President. 

*The secret journal of the called session of the second congress follows 
ImnuMliately that of the second session of the first con.irress; it is in the 
handwriting of Manasseh Sevey. Assistant Secretary of the Senate. It em- 
braces ten uuniinibered folio pat;es, and is sii;ned at the end by the presiding 
oflicer. 

'See No. 1 of Appendix for Joint Resolution on this subject. 



! 



72 Secret Journals of the Senate 

Resolved, therefore, that the President pro. tern, of the Senate is 
hereby authorized and requested to address a letter to the Vice Presi- 
dent requestinir and enjoininf^c the immediate return to the diseliarge 
of his constitutional duties. 

M. B. Lamar Vice President of the Republic of Texas 
Sir 

As will be seen by the accompanying resolution, I am instructed 
by the Senate, as its presiding officer in your absence, to invite your 
immediate return to the Republic. 

The approach of the season when movements by our national 
enemy may be looked for, the opening of the land office for the dis- 
tribution of the public domain, which it is presumed will soon take 
place, and the protracted illness of his Excellency the President, pre- 
sents a crisis in our affairs that devolves unusual responsibility on 
our Government. The safety of the country requires her leaders to 
take their posts. 

Your presence is wanted in her Councils, your arms may be needed 
for her defence. 

The active and devoted patriotism which has heretofore distin- 
guished your services in the cause of our adopted country, forbid us 
to doubt that this call will be answered by your speedy return. 
Suffer me to add my own most earnest personal wishes for your 
prompt compliance with the wish expressed in the resolution as also 
the assurance of my most distinguished consideration. 

(Signed) S. H. Everitt 
President pro. tem. of the Senate. 

The doors were then opened. 



Oct. 4th 1837 
On motion of Mr Wharton The Senate went into secret session 

and 

An order was issued to the Serg[ean]t at Arms to detain Capt. 

J. D. Boylan of the Xavy in town until further orders. 
The doors were then opened 



Secret Journal 
7 Oct 
A communication^ was recfeive]d from the Pres[iden]t and the 
Senate went into secret session on the subject of the ]\ressage in re- 

•The communication has not been found. 



Republic of Texas. 73 

latiou to the reinstatement of S Rhodes Fisher to the OtBce of 
Sec[retar]y of Xavy 

A resolution was otl'ered by Mr Wharton and read 

he then moved to suspend the rules to read it second time 

i\rr Aucustine called for the Ayes and Noes 

Ayes Mr President Augustine Barnett Burton Green Lester 
Raines Robertson AYharton 9 

Noes Wilson 1 

^lotion lost for suspension of rules 
^ On motion the injunction of secrecy was removed 

Mr Wharton who voted in the majority moved a reconsideration 
of the vote removing the injunction of secrecy. 

The Ayes and Noes were called 

Ayes Mr President Augustine Barnett Burton Robertson Wilson 6 

Noes Green Lester Raines Wharton 4 

The injunction was removed and the doors were opened. 



Qn motion of Mr Wharton the Senate went into secret session 

On motion of Mr Rains the reading of the secret journals was 
suspended. 

Mr Wharton offered a substitute for the Resolution introduced 
on Saturday, directing the President to reinstate the non[orable] 
S. R. Fisher which was received, read and adopted. ^Mr Wilson 
entering his protest against the same. 

Resolved^ that a committee of two be appointed to wait on his Ex- 
cellency and inform him that his message of the 6th Instant in re- 
2'ard to the reinstation of the Secretary of the Navj^ is deemed by the 
Senate disrespectful, dictatorial and evincive of a disposition on the 
part of the Executive to annihilate these co-ordinate powers con- 
ferred upon, the senate by the cc/nstitution in all cases of the a])point- 
ment or removal of Cabinet Ofncers. The welfare of the country and 
the respect due to the chief ^Magistrate ereatly dispose the senate 
to act in concert and harmony with him. but the oath which [they 
have] taken to support the constitution imperatively bind them to 
prevent their legitimate powers from bein^- infringed by any other 
department of the Government. Tliey tle(nu the message of his Ex- 
cellency referred to as an attempt at such infr-increment and therefore 
reject and return it with an earnest reiteration of their resolution 
recpiesting the reinstation of the Secr[etar]y of the Na^-y or a pre- 
sentation of the charges which induced his suspension from office. 

''The Rtcret Journals have no copy ot thlA rosoluLion; it hns. therefore, 
been copied from the original MS. in Papers of tiu> 2d Cone;.. 1st Scss. 



74 Secret Journals of the Senate 

The senate do not deny in toto the power of the Executive to sus- 
pend a Cabinet Office, but they conceive that such suspension ouizht 
only to be made under very extraordinary circumstances and then 
that justice to the Individual and respect for the co-ordinate powers 
of the senate would justify and indeed require an immediate convoca- 
tion of that body that the suspension might be concurred in or ic- 
jected 

Mr President of the Senate and Mr Burton were appointed a com- 
mittee to wait on his Excellency [the President] w^ith the same. 

On motion of Mr. Wilson, the injunction of secrecy was removed. 

The doors were then opened. 



Oct 12th 1S37 

The senate went into secret session. 

The President of the Senate, Chairman of the Committee ap- 
pointed to wait on his Excellency the President with the Resolution 
respecting the Sec[retar]y of the Navy, made a verbal report, giving 
a sketch of his conversation wdth his Excellency respecting the sus- 
pension of Hon[orable] S. K. Fisher and other officers from their 
duties. 

The doors were then opened. 

The Senate went into secret session again for the purpose of hear- 
ing the Report of Mr Burton, Chairman of [the] Committee on 
Indian affairs [^Messrs. Burton, Green and Robertson], which was read 
and laid on the table 

Committee Room, 12th Oct 1837"^ 
'Mr. President, 

The Standing Committee on Indian Affairs beg leave to report 
That they have had the subject under consideration and that in its 
investigations they have found it one of vast importance to the Re- 
publick comprising a complication of conflicting interests, and one 
which necessarily forces within the observation of your committee 
those Fuhlic Acts had in reference to the Indians within the borders 
of this Republick. 

Your Committee have thought proper to lay before the Honorable 
Senate as correct a list of the ditforent tribes with their force, 
habits, locality, interests, origin, and probable feeling's in reference 
to this Gov[ernmenit as the limited means of information in posses- 

•A. D. S. in Tiiflian Affairs. Texas State Librar.v. 



IvEPQBLic OF Texas. 75 

sion of your coiumittee will allow. And tbuy frankly admit that 
much of this information is derivable from individual information; 
no official information having'been furnished your committee through 
any of the departments of this Gov[ernmenjt other than the docu- 
ments herewith submitted. 

South of the San Antonio road in the counties of Nacogdoches and 
Liberty live the Coochattees Alabamas Baluxies and IMuscogees the 
three former of about 50 and the latter of about three years resi- 
dence in Texas all originally from the "Creek Country" of the 
U[nited] S[tates]. They speak a similar dialect are about 150 w^ar- 
riors in number, mostly hunters of pacific feelings towards the 
Gov[ermen]t of this Republick and having very limited if any pre- 
tentions to Territory. These indians have no communication with 
the tribes of the I'rairies whom they dread and with whom they 
have been at variance. 

The Huawnies and Choctaws live in the counties of Nacogdoches 
and Shelby on the waters of the Attoyaque and Patroon. They are 
of the old Choctaw nation have resided in Texas about ten years are 
of pacific feelings^ are about fortA' in number and have no preten- 
tions to soil among them are a few Chickasaws, of similar character. 

The Caddoes, lonis, Anadacoes, and Abadaches among whom are 
dispersed the Ayish and Nacogdoches Indians speak a similar lan- 
guage are descended from the old Caddo Nation and with the ex- 
ception of the Caddoes are natives of the country. They all under- 
stand and speak the Castilian Language. They are about 225 in 
fiumber and previous to their late hostilities lived in the county of 
Nacogdoches. Some have returned to their old homes but most of 
them are still with their squaws and children on the Prairies united 
with the hostile tribes that dwell there; about one-half of these In- 
dians are good marksmen all of them hunt for a living and are on in- 
timate terms with all the tribes of the prairies. They are thought 
to be the greatest rogues and the most treacherous Indians on our 
frontier. 

The Keechis, Tywoccanies, TTakkos and Towiash or PawTiies are 
Indians of the Prairies. Hunt altogether for a living, travel alto- 
gether on horseback armed mostly with bow and lance. What fire 
arms they have are smooth bores or traders guns of little value and sel- 
dom used. Tliey rove from place to place, move with great celerity, and 
are but little dependent on civilized man for necessary articles. They 
are now at war with this Republick. Their number is about 500 war- 
riors, despicable soldiers but formidable rogues, and for five years 
past have greatly annoyed our frontier during which time they have 
occasionally found opportunities to commit most horrible outrages 



76 Secret Journals of the Senate 

and to carry off children and females as prisoners. The latter of 
whom your committee are justified in sayinir are forced to subserve 
to purposes that any beings other than fiends would blush to think 
of. 

These Indians reside mostly on the headwaters of the Trinity, 
Brassos and Colorado, and are on ^^^ood terms with both the Co- 
manehes and the Xorthern Indians living vritiiin the limits of Texas, 

Of the Comanches your Committee know but little, they are how- 
ever the natural enemies of the ^Mexicans whom they contemptuously 
denominate their stock keepers and out of which nation they procure 
slaves. They are roving indians. live on game, and have many 
horses. Their arms are the bow and lance. Your Committee have 
not any 'evidence of hostile feelings on the part of these Indians to- 
wards the people of this Republick and do not entertain a doubt but 
that a treaty of amity between this Govl'ernment] and those Indians 
might be effected if prudent and energetic measures were adopted 
for that purpose by the Executive and Congress of this Republick. 

The people called Lipans, Karankways, and Tonkaways your 
Committee consider as part of the ^Mexican Nation and no longer to 
be considered as a different people from that nation. They occupy 
the western part of Texas. 

Those tribes usualh' denominated Northern Indians are the Kick- 
apoos, Shawnees. Delawares, Potawatames. and Menominis. They re- 
side in the county of Nacogdoches and are hunters with a few excep- 
tions among the Delawares and Shawnees, all are excellent hunters 
and marksmen well armed about 500 in number and roam the Prai- f 

ries in perfect confidence. .They are of about eight years residence in } 

Texas are friendly to the whites and have but slight pretensions 
to soil, making almost their sole subsistence by the chase, some of 
them have occasionally fought the Comanches but are all now at 
peace. 

The Cherokees whom your committee have chosen to mention last 
because intimately connected with important subjects to be discussed 
in this Report live also in the county of Nacogdoches on the waters 
of the Angeline, Neche.s, and Sabine rivers; they are about 220 in 
number, are farmers and hunters, raise stock, have some domestic 
manufactures, and read and write their own language, llieir war 
chief is called P>ouies their civil chiei: is called Big ]Mush. 

They are a branch of the old nation of that name which they left 
some forty or litty years since settling first on the St Francis after- 
wards on the Arkansas river and finally about fii"teen years since in 
Texas. They are uood riiiinnen and have elevated views of their o^mi 
importance and claims. They also appear desirous of taking the lead 



Eeplblic of Texas. 77 

and forming an union of the dilfereat tribes in Texas. They trade 
with and are now in continual coimnunieation witii the Prairie In- 
dians with whom until the commencement of our revolution they were 
at war. 

These Cheroliees in the event of war would feel the horrors of in- 
vasion in a degree very nearly equal to the whites as their squaws 
and children never leave their farms, which is also the case with a few 
Delawares and Shawnees. They would have no strongholds, no in- 
terminable thickets, or swamps, to retire to, but would be forced to 
give battle or tly to the prairies. 

In forming their Report to your honorable body on this subject 
your committee deem that it is their duty to elucidate as nearly as 
possible the nature of the claims of these different tribes of Indians 
on the Republick or soil of Texas; and in making up their report 
your committee have been guided by a sincere and "anxious wish to 
recommend that course of policy that wdll redound to the honor and 
safety of our country as well as the securing to the Indians their just 
claims. Your committee are of opinion that their actual vesfed^ rights 
which the different tribes of Indians now within our limits ^vere in- 
vested w4th by the Mexican Gov[ernmen]t previous to our declara- 
tion of Independence and which they have not subsequently forfeited 
by overt acts against the peace of this Republick should be held 
sacred and inviolable. 

But your committee have not upon the most mature considera- 
tion and the most assiduous enquiry been able to ascertain that a 
vested right of any kind had accrued to or been attained by any 
tribe or tribes of Indians, other than the prima facia rights of occu- 
pancy to those tribes natives of the country before mentioned. 

Your committee preparatory to investigating the Treaty concluded 
with the Cherokee Chiefs by Sam Houston and Jno. Forbes on the 
23rd day of February, 1S3G, have had inider consideration the 
Dechiration of the Consultation, dnted loth November, 1S35, and 
which Declaration^ is submitted with this report. 

Your committee after mature reflection are of opinion that the 
premises assuTued in that declaration are false and that acknowl- 
ed[gedl rights when ba^^ed on false premises are of no effect and 
void, which your committee conceive to be the case in this instance. 
lliere has been no evidence presented to us, nor do we know of any, 
showing that such a community exists as that recognized by the afore- 
said Declaration (under the title of ''Associate Bands'') or that the 
rights therein mentioned ever did exist or were ever granted. On the 
contrary there is before your committee noforious evidence that part 

^The Declaration is printed in tlie Journals of the Co)isultation. pp. 52-53. 



78 Secret Journals of tile Senate 

at least of the tribes enumerated in that list of which the Cherokees 
are represented as "Head Chiefs" "Elder Brothers" etc. have been 
the most savage and ruthless of our frontier enemies ever since and 
even at the very date of the signing of this Treaty. 

It is also noturiuus that no part of said tribes have been our friends 
in war. 

Again your committee find upon inspection of said Declaration and 
the treaty formed under it, that the territory therein mentioned 
forms part of the soil granted to David G. Burnet Esq for the pur- 
poses of colonization and which colony was filled or nearly so prior 
to this Declaration. Many of the titles being completed and others 
commenced and now in progress. 

Your comndttee are satisfied that the grant of this territory to 
David G. Burnet Esci for the purpose of colonization and that many 
years after the settlement of those Indians on the soil, should be 
taken as conclusive evidence that no obligation was created by grant 
promise or otherwise which that nation considered binding, in favor 
of either of the Cherokees or this community of "Associate Bands" to 
be represented by the "Head Chiefs" "Elder Brothers" etc of the 
Cherokee nation. 

Your committee reflecting that the people of Texas were at the 
time of this Declaration acknowledged citizens of Mexico are utterly 
at a loss to conceive on what principles of legislation the act waa 
passed, or rather they are of opinion that said act w^as an unwar- 
rantable assumption of authority which was in no way obligatory on 
the Mexican Gov[ernmenlt at that time nor on this Gov[ernmen]t now. 

Your committee are informed by Documents A and B^, herewith 
submitted, that a treaty has lately been concluded between the 
Anadaco and lonie Tribes of Indians and T. J. Rusk and K. H, 
Douglass On the part of this Republick. 

Your committee also learn by the submitted copy of instructions 
to Jesse Watkins that a treaty is at this time negociating between 
the Keechi Wakko Towiash and Tywocani tribes or a part of them and 
this Republick. 

Your committee on a review of the different bearincfs of this im- 
portant subject beg leave to offer the following resolutions 

Resolved by tlie Senate of the Republic of Texas that they dis- 
approve of and utterly refuse to ratify the Treaty or any artieklcs 
thereof concluded by Sam Houston and Jno. Forbes on the 23rd 
day of February, 1S36, between the Provisional Gov[ernmen]t of 
Texas of the one part, and the "Head Chiefs" Head men and War- 

•Documents A and B have not been found. 



Republic of Texas. 79 

riors of the Cberokees ou tlie other part. Inasmuch as that said 
treaty was based on premises that did not exist and that the opera- 
tion of it would not only be detrimental to the interests of the Ee- 
pubiick but wouid also be a violation of the vested rights of many 
citizens. 

Resolved that the Senate advise and consent to ratification of a 
treaty entered into between T. J. Rusk and K. H. Douglass on the 
part of the Republick of Texas and the Chiefs of the loni and Ana- 
daco tribes of Indians on the 21st day of August 1S37. 

Resolved that the President of the Republick be authorized and 
^advised to appoint a commissioner or commissioners and furnish them 
with instructions, such as he may deem most expedient to bring about 
friendly relations between the Comanches and this Republick; Pro- 
vided that no fee simple right of soil be acknowledged by this Gov- 
[emmenjt in favor of those Indians. 

Resolved that should the Treaty, in course of negotiation by Jesse 
Watkins be perfected, the Senate deem that it \^ould be advisable to 
establish not less than three block houses on the northern and west- 
ern frontier for the purpose of protecting trading houses to be con- 
ducted under proj^er legal regulations and restrictions. 

Resolved that the Senate consider the Northern tribes of Indians 
resident in this Republick as properly under the superintendence 
and direction of the Gov[ernmen]t of the U[nited] S[tates] of 
America. And that they recommend the most urgent remonstrances 
to the U[nited] S[tates] Gov[ernmen]t on that subject. 

I. W. Burton, Chairman. 

Nacogdoches 14th Sept 1837^^ 
To Jesse Watkins Esq 

Sir You will proceed to the Prairies to meet the Head ]Men of the 
Keechey Caddo Towaconeys and loni Tribes of Indians taking with 
you as an interpreter Lewis Sanchez you will first lisien to any talk 
they may desire to hold with you and then inform them that we are 
disposed to be at peace with all our Red Brethren that we are disposed 
to break our long knives and bury our Tomahawks with them and 
to open a wide road between the house of the Red and White man 
that all we shall require of them will be to give up the prisoners they 
have of ours to bring back all the property the}^ have stolen and not 
to murder or steal any more and to prevent other Indians from doing 
so when they may know of it to all of which if they will agree you 
may promise them that we v;ill make a Treaty of Peace with them 
which shall last forever the presents Avhich are furnished to you you 

"MS. in Indian Affairs. Texas State Library. 



80 Secket Journals of the Senate 

cau distribute as you may think most proper and you may make such 
arrangements about the chiefs comini; in as is most satisfactory to 
the Indians We would like well if they could be brought dowTi to the 
Seat of Government but for fear that cannot be done we will ask the 
President to nominate Two Commissioners here who can treat with 
them and who will be furnished wdth the proper instructions. In 
your talk with them you will be careful not to promise them land at 
any particular place and be cautious you make no promises however 
slight that cannot be strictly complied with 

Very Respectfully Your Obt Servants 

Signed Thos J Rusk 
K H Douglass 
The doors were opened. 



Secret Session 
Oct 16th 1837 

On motion of i\Ir Burton to take up the Report of the Committee 
on Indian Affairs the Senate went into secret session. 

A motion to remove the injunction of secrecy on said Report was 
lost and it was taken up in its second reading. 

^Ir Lester was called to the Chair. 

Mr Green introduced some Resolutions to appoint some Commis- 
sioners to treat with the Cherokees. 

On motion of Mr AVharton the Report was laid on the table till 
called up. 

The President of the Senate resumed his seat and the doors were 
opened. 



October 18, 1837. 
Resolved by the senate/^ that the Hon. S. Rhoads Fisher be in- 
structed to immediately resume the active exercise of his duties as 
Secretarv of the Navv. 



Oct 20th 1837 
A communication was recfeiveld from the Honforal^le] S. Rhoads 
Fisher, respectinir his resuminir his duties as Sec[rctar]y of the 
Na\'y', which was read and laid on the table until the 27th inst. 

^'See note 7 above. 



Republic of Texas. 81 

Houston October 20th : 1837" 
To The Hon[orable] the Senate etc. 
Gentlemen, 
Having on the 18th inst[antl been furnished with a copy of a 
Resolution of your Hon[orable] Body of that date, in relation to j 

my resuming the duties of my office, I have to state that I yesterday \ 

addressed the acting Secretary of the Navy. Wm. i\r. Shepherd, a j 

note of which you herewith have a copy; and on the evening of the j 

same day received his reply which is also enclosed. Having now 
Gentlemen laid before you the facts, and copies of the correspond- ! 

ence in relation to your Resolution, I await the further orders of 
your Honorable Body. 



With sentiments of high respect 



I am etc. etc. etc. etc. 

S. Rhoads Fisher 
Seeretar}^ of the Navy 



Copy 



Office of the Sec [retar]y of .Treasury 
Houston Octo[ber] 19 1837 
Hon. Wm M Shephard 

Acting Secfretary] of Na\y 
Sir ' " 

I have the honor to herewith present you a copy of a resolution of 
the Hon[orable] the Senate by which you will perceive I am in- 
structed to resume the duties of ray office. You will oblige me by 
appointing an hour when you will be prepared to deliver the papers 
which belong to it 

Respectfully your obt servt 
S Rhoads Fisher 



Copy. 



Secretary of the Navy 



Houston Oct. 19, 1837 



Hon. S Rhoads Fisher 

Sec[retary] of the Na\y 
Sir 

I have the honor to acknowledge the rGc[eip]t of your note of this 
morning and the enclosed resolution of the Senate instructing you to 
resume the duties of the Sec[retarly of the Navy. In reply to which 
I beg leave respeetfulh^ to remark, that having obtained the appoint- 

"A. L. S. in Xavy Papers. Texas State Library. 



82 Secket Journals of the Senate 

ment which I hold from the Executive, I cannot yield the papers of 
the Department, without instructions from the same source 
I have the honor to be very respectfully 

Your Obdt Servt 

Wm M Shepherd 
Act [in] g Sec[retar]y of the Navy 
The doors were then opened. 



Oct 27th 1837 
The Senate on motion of IMr Burton went into secret session. 

Executive Department. 
Houston Oct. 26th 1837^2 
To the Hon[orab]ej the Senate of Texas 
Gentlemen: 
It has been my intention for days to have submitted to you charges 
and specifications ajjrainst S. Rhoads Fisher. These matters have been 
and are in progress. It has been impossible for me to accomplish my 
desires: they will soon be finished and submitted to the discretion of 
your Hon[orable] Body. Peculiar circumstances have controlled this 
delay, although there has been no disposition to postpone them ont3 
moment, or the sliirhtest desire to excite the inquisitive. TTie only 
desire of the Executive will be to submit all matters of import con- 
nected with the Cabinet to the Counsel and advisement of the 
Hon[orable] Senate. 

Sam Houston 

The communication from S. Rhoads Fisher which was the special 
order of the day. was laid on the table till called up. 

The Report of the Com[mittee] on Indian Affairs was called up 
and some parts of it read. 

Islr Burton ofL'erod a Resolution calling upon the President to lay 
before the Senate any treaty or treaties he may have made with the 
Indians, which was adopted. 

And the doors were opened. 



Oct. 30th 1837. 
On motion of ^Ir Wharton the Senate went into secret session. 
The communication from S. Rhoads Fisher was called up and read. 

*^The secr»^t journal has no coi)y of this messase: it has, thort^fore, been 
supplied from the original. 



Republic of Texas. 83 

Mr Wharton introduced a. Resolution to send all the papers, cor- 
respondence etc relative to S. Rhoads'-Fisher to the House for their 
consideration, which was read and laid on the table as the special 
order of the day for Thursday Nov 2nd 

Resolved,^" That all the resolutions papers and correspondence in 
the possession of the senate, in relation to the suspension and im- 
peachment of the Honbl. S Rhoads Fisher, be communicated to the 
House of Representatives for the purpose of obtaining their advice 
and action on the subject. 

On motion of ]Mr Robertson the Senate adjourned till tomorrow 10 
o'clock A. M. 



Thursday Nov. 2nd 1837 

On motion of Mr Burton the Senate went into secret session. 

The Resolution to communicate all the papers etc concerning Hon- 
[orable] S. Rhoads Fisher, to the House for their consideration, be- 
ing the special order of the day, was taken up and laid on the table as 
the special order of the day for Tuesday Nov. 7th 

[Mr Wharton introduced a Resolution providing for raising funds 
for the construction of the Navy, which was read and laid on the 
table. 

Resolved^* That the President of this Republic be authorized and 
required to furnish the agent who may be appointed to proceed on to 
the Ufnited] States for the purpose of buying or building certain 
vessels for the public ser^dce of Texas, in accordance with an act 
of the present congress, with a letter to Messrs Gilmer and Burnley 
requiring them to raise and pay over to said agent the amount of 
280,000 $ wliich has been appropriated for the purchase of a navy 
foT- this Republic 

Resolved That the President is hereby authorized and required to 
instruct said Commissioners ^Messrs Gilmer and Burnley to sell the 
bonds of the Government of Texas at a discount of 50 per cent if the 
above appropriation for the Navy cannot be otherwise procured. 

The doors were then opened. 



Nov. 3rd 1837 
The Resolution requiring the President to authorize the Commis- 
sioners Gilmer and Burnley to sell the bonds of [the] Government to 
raise funds for constructing a Navy was taken up on its second read- 
ing. 

"Bee note 7 above. 



84 Secket Journals of the Senate 

Mr Wharton introduced a Resolution as a substitute, which was 
rec[eive]d and adopted. 

Resolved^'"^ that the President of this Republic be and he is hereby 
authorized and instructed to furnish the agent appointed to buy or 
build certain vessels for the public service of Texas with a letter to 
Messrs Gilmer and Burnley authorizing and requiring them to raise 
the $280,000 appropriated for ihe navy, by the discount of the bonds 
of the Government for one nuUion of dollars as contemplated by a 
joint resolution of Congress passed 24th December 1836. 

The doors were then opened. 

S H. Everitt 
President pro tern of the Senate 

"See note 7 above. 



SECOND CONGRESS 

SECOND OR REGULAR SESSION 

Secret Journals of the Senate 
Regular Session^ 

Nov. Tth 1S37 

The Resolution to eommimicate all documents papers etc relating to 
the Hon[orable] S. Rhoacls Fisher to the House for their considera- 
tion was taken up on its second reading. 

The See[retar]y of the Senate was instructed to wait upon his 
Excel [lency] the President forthwith and inform him that the Senate 
was in secret session and ready to receive any communication he 
might have to make respecting the Eron[orable] S. Riioads Fisher; 
and the Scnati^ took a recess until the return of the Sec[retar]y. 

The Sec[retar]y returned and stated that his Excellency] informed 
the Senate that his conmiunication was ready and that he would send 
it to the Senate in the course of the daj^ 

The doors were then opened. 

3 o'clock P. M 

Two messages having been rec[eive]d from His Excel [lency j the 
.President the Senate went into secret session. 

The first message with the accompanying documents,- contained 
the charges against S. Rhoads Fisher, which were read and referred 
to the Com[mittee] on Naval Affairs [^Messrs. AYilson, Rains and 
Robertson] . 

]\Ir Horton introduced a Resolution authorizing the Com[mittee] 
on Naval Aftairs to furnish S. Rhoads Fisher with a copy of the 
charges which was read, amended and adopted. 

Mr Barnett was added to the Com[mitt<^e] on Naval Atfairs. 

On motion of ^Iv Horton the Naval Com|mitteei was allowed the 
privilege of a clerk. 

The second message of His Excellency. nominatiuL:- chief justices 
for the counties of ^latagorda, Houston, Jefferson, Sabine, liexar and 
Victoria, was read and laid on the table. 

'The secret journal of the rep;iihir session of the second coni;ress for the 
period from November 7 to I'o follows immediately that of the called ses- 
sion, and is in the imndwritins of M. Sevey. Assistant Secretary of the Sen- 
ate. It embraces fivQ imninnbered folio i)ai;es. The continuation of the 
secret journal, coveriiiir the period from Xovember I'T to December 10. l.S;>T. 
forms a separate document, whicli ])ears the title "Journals of Secret' Ses- 
sions Re.i^ular Session Nov. ts;;7 Senate." This portion embraces seven un- 
nuii)V)erHd folio ]ia'-;es, and is siiiued ar the end by the president pro tern. 
The document is filed amonir thn papers of the second con'j;ress. 

■This mossat^e with the accompanyiniJ: papers has not been found. 
9 — Lib. 



86 Secret Journals of the Senate 

Executive Departiuont. City of Houston 

Republic of Texas. Nov. 7th 1837.^ 

To the 

Honourable Senate of .Texas. 
Gentlemen, 

The herein enumerated 2eutiemen, I have nominated as Chief Jus- 
tices to the Counties to which their names are respectively attached. 

Sinclair D. Gervais Matagorda County. 

Collin Aldrieh Houston County. 

Henry ]\Iillard Jefferson Coimty. 

Francis T. Gains Sabine County. 

Erasmo Seguin Bexar County. 

Jno Hayes Victoria County. 

The ratification of these nominations by the Honourable Senate is 
respectfully requested. 

Sam Houston 
The doors were then opened. 

Nov. 8th 1837 

The second message of His Excel [lency] the President, nominating 
chief justices, was taken up. 

The nomination of Sinclair Gervais for Ch [ie] f Justice of the County 
of Matagorda was confirmed. 

The nomination of Collin Aldrieh for the County of Houston [was] 
unanimously negatived. 

The nomination of Henry Millard for the County of Jefferson [was] 
confirmed. 

The nomination of Francis T. Gaines for the County of Sabine 
[was] confirmed. 

The nomination of Erasmo "Seguin for the County of Bexar [was] 
confirmed. ' 

The nomination of John Hayes for the County of Victoria [was] 
confirmed. 

The injunction of secrecy so far as concerned the confirmed nom- 
inations was removed, and the doors were opened. 

Nov. 10th 1837 

The message of H[is] E[xcellency] the President nominatinir ^Fr 
R. A. Trion as Socfretar]y of State and ]\[r B. E. Bee as Sec[retarly 
of War and ^Tr J. C. Allen ns Chief Justice of Pefugio CoTunty] 
wns road and laid on the table. 

•The secret journal has no copy of this message; it has, therefore, been 
supplied from rhe orisrinal. 



Republic of Texas. 87 

Executive Department City of Iloustoa 

Republic of Texas Nov. Sth 1837/ 

To the Hon[orable] Senate of Texas. 
Gentlemen, 
I have the honor of otfering for the consideration of your Hon- 
[orable] body the nominations of 'Mr. R. A. Irion as Secretary of 
State, appointed June 13th 1837, and ]\Ir. B. E. Bee as Secretary of 
War appointed 23rd August 1837. 

Your confirmation of these nominations is most respectfully re- 
quested. 

Sam Houston 

Executive Department City of Houston 

Republic of- Texas Nov. 9th 1837.- 

To the Hon[orable] Senate of Texas 
Gentlemen, 

I have the honor of offering: for your consideration the nomina- 
tion of ]\Ir. 'J. C. Allen as Chief 'Justice for the County of Refugio. 
Your confirmation of the above named gentlemen is most respectfully 
requested. 

Sam Houston 

Mr Burton introduced a Resolution instructing the Navy Com[rnit- 
tee] to report the documents relating to Hon[orable] S. Rhoads Fisher 
for the action of the Senate, and the rules being suspended it was 
lost. 

Resolution that the Committee on Naval Affairs be ordered to re- 
port the documents in their hands relative to the suspension of 
Rhoades S. Fisher for the action of the Senate and that counsel be 
allowed for and against at the Bar of the Senate" 

Mr Horton introduced a Resolution to allow the President to em- 
ploy counsel in the case of Hon[orable] S. Rhoads Fisher, and a 
motion for a suspension of the rule being lost, it was withdrawn. 

On motion of Mr Burton the Report of the Com[mittee] on Indian 
Aff'airs was ordered to be the special order of the day for tomorrow. 

Doors opened. 



Nov. 11th 1837 
The communication of H[is] E[xcellency] the President making 
nominations was taken up and the nomination of R. A. Irion for 

Sec[retarly of State was unanimously confirmed. 

*See note 3 above. 

'Ihid. 

*The secret journal has no copy of this re.solution: it has. therefore, been 
supplied from the orii^inal manuscript in Papers of the Second Congress, 
Second Session. 



88 Secrf:t Joukxals of thl: Sexati-: 

The noiiiiuatiou of B. E. Bee for See[retar"; y of War was unani- 
m[ously cunfirmed']. 

The nomiuation of J. C. Allen for Chief Justice of Kefugio 
Co[imty] was unanimously confirmed. 

Mv Burton Chairman of the Com[mittee] on Indian Affairs stated 
that he should be prepared to report on ^Monday, 

and the doors were opened. 



Nov. 18th 1837 
A message from H [is] E [xcellency] the President nominating Wm 
S. Hunter for Chief Justice for the county of Goliad w'as read and 
laid on the table. 

Executive Department City of Houston 

Republic of Texas 16th Nov. 1837^ 

To the Honorable Senate. 
Gentlemen : 
I take pleasiu'e in presenting the nomination of TVm L Hunter as 
Chief Justice of the County of Goliad, and respectfully request that 
the same may l)e confirmed by the Senate. 

Sam Houston 
and the doors were opened. 



Nov. 20th 1837 

Two commimir'ations from the President were read. 
The first announced that he would send his annual message tomor- 
row 12 o'clock. 

Executive Department City of Houston 

Pvepublic of Texas Nov. 20th 1837^ 

To the Hon^orable] Senate of Texas. 
Gentlemen: 
It affords me much gratification to inform you. that I wnll be ready 

to comnumlcate my annual Message to the ITon[orable] Congress, at 

12 o'clock tomorrow the 21st inst. n tt ^ 

Sam Houston 

Tlie second'" nominated ^Ir Saml Swart wont as aceuf for procur- 
ring ships of wai', which was read and laid on the table. 

'The word ■confirnipd" has been eaten ott the secret journal; it is sup- 
plied from a coinnninication from the Secretary of the Senate, dated No- 
vember m, l.'^:;7. to l^resident Sam Houston. MS. in Senate Confirmations. 
Texas State Library. 

•See note ?, above. 

'"This me-ssag? has not been found. 



Republic of Texas. 89 

The nomination of AVm L. Hunter was taken up and confirmed, 
and the injunction of seeresy was reniovcd and tlie doors were 
opened. 



Nov. 21st 1837. 

The nomination of ]\Ir Swartwout as agent for procuring ships of 
war for the Republic was taken up. 

Mr Everitt moved that the President be respectfully requested to 
withdi-aw the nomination, and the motion being put ^^ 

Mr Wharton moved ^'' to communicate to the 

Pr[esident the] objections which the Senate entertained respecting 
the nomiiuition. and the ayes and nays being called stood as follows 

Ayes ]\Iessrs. Barnett. Burton. Everitt. and AVharton — 4. 

Nays ^Messrs. Dunn, Horton, Lester, Rains. Robertson and Wilson 
— 6, and the motion was lost. 

The doors were then opened. 



Nov. 23rd 1837 

The nomination of Mr Swartwout was taken up. 

Mr Everitt moved that a committee be appointed to wait on the 
President and respectfully request him to withdraw the nomination 
of Saml Swartwout as agent for procuring vessels or war, and the 
motion was carried and Messrs Everitt, Ellis and Wharton were ap- 
pointed s[aijd committee. 

and the doors were opened. 



Secret Journals of the Senate^^ 

Nov. 27th 1837 

The Resolution on which tlie investigation of the case of Hon[ora- 
ble] S. Rhoades Fisher had been held, was taken up. 

Mr Everitt offered a substitute for the same and also a Resolution 
informing the Secjrctary] of the Navy that it was the wish of the 
Senate that he should resign, ;md the ayes and nays being called on 
the Substitute and Resolution stood as follows 

Ayes ^lessrs Burton. Everitt, Robertson, Wharton and Barnett — 5. 

Xays ^lessrs Dunn, Horton, Lester. Rains and Wilson — 5. and 
the votes being equally divided the President voted in the negative 
and the substitute was lost. 

Resolved by the Senate that the charges preferred. by the Presi- 
dent of this Republic against the IIon[orable] the Sec[retar]y of 
the Navy are not sustained by the evidence adduced by the President, 

'"Several words have beon eaten off the secret journal. 
"See note 1 above. 



90 Secret Journals of the Senate 

so as to justify this Senate to advise and consent to the removal of 
the ITon[orabie] the Sec[retary] of the Navy on the grounds con- 
tained in those charges; that the Senate will not therefore advise 
and consent to the removal of th(3 lIon[orable] S. II. Fisher from 
the office of Sec[retary] of the Navy of this Republic. 

Resolved. Tiiat the IIon[orablei S. R. Fisher be respectfully in- 
formed that it is the wish of the Senate that he resign his station as 
Sec[retary] of the Na\y, as the Senate conceive that the breach be- 
tween him and his Excellency is such that it could not be for the in- 
terest of our common country that he should retain the station he 
now holds any longer. 

Mr Horton ofx'ered another substitute, authorizing [the] President 
to remove the See[retary] of the Navy. 

.The doors were opened. 

3 P. M. 

]Mr Horton withdrew his substitute and 

Mr Wilson introduced a substitute declaring that Hon[orable] S. 
Rhoads Fisher was not a proper member of the Cabinet and author- 
izing the President to appoint a new Sec [retary] of the Na^-y, which 
was read a first time 

On motion of i\rr Everitt the doors were opened and [the] Senate 
adjourned. 



Nov. 2Sth 1837. 

'Mr Wilson withdrew his substitute for the Resolution respecting 
HonTorable] S. R. Fisher, and 

Mr Rains offered another substitute, which was rec[eive]d on its 
second reading. 

Resolved That the Senate fully sustains the President in the 
course which he adopted in suspending from office S. Rhoads Fisher 
late Sec [retary] of the Naw, and consents to his removal; at the 
same time we must do S. Rhoads Fisher the justice to say that there 
has been no evidence before us to prove that he has been guilty of any 
crime. 

The doors were opened. 

3 o'clock P. M. 

Mr Rains substitute was taken up and withdrawn and JMr Everitt 
offered another and the ayes and nays being called on its adoption 
stood as follows 

Ayes ^^lessrs P>arnett. Burton, Everitt, Robertson and Wharton — 5. 

Nays Messrs Dunn, Horton, Lester, Rains and Wilson — 5. 

and I\Iessrs ITortou, Dunn and Robintson were appointed a com- 
mittee to wait on the non[orable] Mr Eliis and take his vote; upon 



Republic of Tp:xas. 91 

which the Senate took a recess of 15 minutes. At the expiration of 
the recess the committee returned and rex)orted that Mr Ellis voted 
in the affirmative, and the substitute was accordin.i^ly adopted. The 
ayes and nays were then called on the final adoption of the Itesolution 
and stood as follows — 

Ayes ^lessrs Barnett, Burton, Everitt, Eobertson and "Wharton — 5 

Nays Messrs Dunn, Ilorton, Lester, Rains, and Wilson — 5. 

and the same com[mittee] was reappointed to wait upon Mr Ellis 
and receive his vote. ]\Ir Ellis voted in the affirmative and the Reso- 
lution was adopted as follows — 

Resolved, that the Senate on the groiuads of harmony and ex- 
pediency advise and* consent to the removal of the Hon[orable] S. 
Rhoads Fisher from the office of Sec[retary] of the Xa\y. but in 
doing so they must do the Secretary the justice to stij that the Presi- 
dent has not adduced sufiicient evidence that proves him guilty of dis- 
honorable conduct. 

The injunction of secrecy was removed. 

On motion of Mr Everitt it was voted that the reporter be per- 
mitted to publish the proceedings in the case of Hon[orable] S. 
Rhoads Fi-her at his own expense for his own benefit. 

The doors were opened. 



Nov. 29th 1837 

The journals of the secret session of yesterday were read and 
amended. 

Mr Everitt ofi^ered a Resolution referring the correspondence be- 
tween our Minister at Washington and the Sec[retary] of State of 
the U[nited] States to a committee. 

Mr Everitt withdi'ew his Resolution and Mr Wharton offered an- 
other appointing a special com[mittee] with instructions to report on 
the prospect of annexation to the U[nited] States, and the ayes and 
nays being called stood as follows — 

Ayes Messrs Barnett, Burton, Ev^erittJ Robertson and WTiarton — 5. 

Nays Messrs Dunn, Horton, Lester, Rains, and Wilson — 5. 

and the votes being equally divided the Pres[ident] of the Senate 
rcfted in the affirmative and the Resolution was adopted, 

and IMessrs Horton, Everitt and Rains were appointed said com- 
mittee. . 

The doors were opened. 



Nov. 30th 1837 
The message from H[is] E[xcellcucy] the President nominating 
Warner L. Underwood as District Attorney for the First Judicial 



92 Secret Jouf^xALs of the Senate 

District of the Eepiiblie was read and the rule being suspended it 
was unanimously confirmed. 

Executive Department City of Houston 

Republic of .Texas . Novf 25th 1837." 

To the Senate of Texas. 
Gentlemen : 
I take pleasure in offering for the ratification of Your Hon- 
[orable] body, the nomination of Warner L. Underwood, as Dis- 
trict Attorney for the first Judicial district of the Republic of Texas. 

Sam Houston 

The journals of the Secret Session of the 2Sth inst[ant] were read 
and approved. 

Mr Wharton presented the protest of himself and Mr Burton 
against the Resolution passed on the 28tli inst[ant] respecting 
Hon[orable] S. Rhoads Fisher, and the ayes and nays being called 
on its insertion in the journal, stood as follows — 

Ayes Messrs Burton and AYharton — 2. 

Nays ^Messrs Barnett, Dunn, Everitt, Horton, Lester and Wilson — 6. 

and the motion was lost. 

Messrs Rains and Robertson being excused from voting. 

The doors were opened. 



Friday afternoon 
Dec 1st 1837. 

The doors being closed Mr Horton as chairman of a committee to 
wait upon the President concerning the nomination of ]\Ir. Swartwout, 
reported that His Excellency had consented to A\'ithdraw it. 

On motion of ^Ir Wharton ^Messrs Everitt and Horton were ap- 
pointed to wait upon the President and urge upon him the necessity 
of appointing a Commissioner to determine the boundary line. 

The doors being opened. 



Tuesday Dec 5th 1837 

Executive Department City of Houston 

Republic of Texas Dec. 5th 1837.^^ 

To the non[orable] Senate of Texas 
Gentlemen 
I take pleasure in offering for the ratification of your Honorable 

body the following: nominations: 

^•Sqq note \] above. 



. Kepubtjc of Texas. 93 

Shelby Corziuo. Commissioner to rim the Boundary Line. 

Wm. ]M. Shepherd, Secretary of the Na\n,- in place of S. It. Fisher, 
removed. 

John Birdsall, Attorney General vice P. W. Grayson, resigned. 

Peter W. Grayson, Naval Agent to the United States. 

K. ^I. Pease. Goniptroller of the Treasvir}'. 

Jno. G. Welschmeyer, Second Auditor. 
• \Vm. G. Cooke, General Stock Commissioner. 

G. AVilson Capse, Surgeon in the Army. 

Robt. II. Watson, Surgeon in the Army. 

Robt. AV. Cassin. Lieutenant in the Na\y. 

Robt. H. Foote, Chief Justice of the County [of] San Augustine. 

.The advice and consent of the Honorable Senate is respectfully re- 
quested, in confirmation of the Executive designation of the several 

officers named, and Aizents. ^ 

Sam Houston 

TTie message of HI is] E[xcellency] the President, making nomina- 
tions, was read, and the rule being suspended they were acted upon 
as follows : 

Shelby Corziue, Commissioner to run the boundary line [was] 
unanimously confirmed. 

Wm ]\[. Shepherd, Sec[retai'y] of the Navy, [was] unanimously 
confirmed. 

John Birdsall, Attorney General, [was] unanimously confirmed. 

P. W. Grayson, Navy Agent to the U[nited] States, [was] unani- 
mously confirmed. 

E. M. Pease. Comptroller, [was] unanimously confirmed. 

J. G. AVelschmeyer, Second Auditor, action [was] deferred. 

Wm G. Cooke, Gen [era] 1 Stock Commissioner, [was] unanimously 
confirmed. 

G. Wilson Capse and Robt. H. Watson, Surgeons in the Army: 
Messrs Everitt. Ilorton and Dunn were appointed a Com[mittee] 
to wait upon the President and respectfully request him to withdraw 
these nominations. 

Robt. A. Casson, Lieut [enant] in the Navy, [was] unanimously con- 
firmed. 

Robt. H. Foote. Chief ^Justice of the Coimt}^ of San Augustine, 
[was] unanimously confirmed. 

The Election returns from the County of Bexar declaring Juan 
N. Seguin duly elected Senator for that District were read, 

and the dooi-s were opened. 



94 Secret Journals of the Senate 

Dec. 11th 1837 
.The Senate went into secret session and the message from H[is] 
E[xcelleney] the President, nominatino* Cornelius Van Ness for Dis- 
trict Att[orne]y for the Fourth Judicial District, was read and laid 
on the table. 

Executive Department City of Houston 

Republic of Texas Dec. llth 1837.^^ 

To the non[ornble] Senate of Texas. 
Gentlemen, 
I take pleasure in submitting for the ratification of your Honour- 
able body, the nomination of Cornelius Van Ness Esqr for District 
Attorney of the Fourth Judicial district of the Eepublic of Texas. 
Mr. Ricord, who lately filled the station has left the Republic, mak- 
ing it the incumbent duty of the Executive to nominate another to 
supply the vacancy, that nothing prejudicial may arise to the people 
of that part of the country. I transmit a letter from the Representa- 
tives of Bex'ar, urging the appointment of Mr Van Ness. Your ad- 
vice and consent to the nomination of this gentleman is most respect- 
fully requested." 

Sam Houston 

Representative Hall Dee 5th 1837 

To his Excellency Sam Houston 

President of the Republic of Texas. 
Sir, 

Having learned that John Ricord formerly District Attorney of tha 
Fourth Judicial District, has left the country, thus leaving the office 
vacant, and having learned also that Yanness has been appointed to 
fill the vacancy, -pro fern., I take the liberty to address this note to your 
Excellency recommending the said Yanness as a suitable person to fill 
said office: and at the same time I take pleasure in saying that in my 
opinion no appointment could be made which would be more accept- 
able to the people, or more conducive to the interests of the country. 
I understand that Yanness is now in Bexar, and that he intends to 
make that place his home. 

With the hope that this subject will receive the attention it merits, 
I have the honor to be, Dear Sir 

Your Excellency's Obt Servt 

Joseph Baker 

"See note 3 above. 

"The nomination of !Mr. Van Xess was confirmed as is shown by a letter 
from the SecroUiry ol' the Senate to tlie Piv>si(lent, December 1?,, I'SoT. MS. 
in Senate Coniirmations. Texas State Librarv. 



Ej:public of Texas. 95 

I take pleasure in stating that I cheerfully concur in the foregoing 

recommendation, and hope that Mr Vanness will be appointed 

TT . T-^ -.^ -loo- W H Patton 

Houston Dec oth 18)/ 

.The nomination of J. G. AYelschmeyer as Second Auditor was taken 
up and unanimously confirmed. 

Mr Burton, Chairman of the Special Com[mittee] appointed to 
wait upon the President and enquire the reason of the dismissal of 
Cap [tain] s Clendenin, ^ilonroe and Chamberlain, reported that the 
President had promised to give his reasons in writing. 

Mr Wharton introduced a Eesolution appointing a Com[mittee] 
of two to wait on the President and enquire his reasons for striking 
Capt[ain]s Clendenin, I\ronroe and Chamberlain from the rolls of 
the army, which was adopted, and ^Messrs Horton and Wilson were 
appointed said commiittee. 

Mr Everitt. from the Com[mittee] on Foreign Eelations to which 
was referred the subject of reducing our Representation at Washing- 
ton City, reported in favour of reducing the representation, and also 
recommending the appointment of a Commissioner General to ne- 
gociate with the different Courts of Europe for a recognition of our 
Independence. 

The Committee on Foreign Relations^^ beg leave to report that in 
accordance with all International courtesy and custom it becomes our 
duty to reciprocate the grade of diplomatic agents sent to us by 
foreign powers And inasmuch as the UFnited] S[tates] of the North 
have sent us only a Charge de Affaires they recornmend the reduction 
of our representation at that Court to the same diplomatic grade 

The Committee being convinced that the prospect of annexation is 
remote and doubtful conceive it is our duty and interest to open re- 
lations with all European powers who are willing to do so and there- 
fore recomanend the appointment of a Commissioner General with let- 
ters of Credence to the powers of Europe at whose courts we have 
now no Representation for the purpose of procuring our Recognition 
and forming Treaties of Amity and Commerce. Your Committee be- 
lieve that by this measure much wealth and x>opulation might be in- 
troduced into this country and the public vrelf are greatly and suddenly 
advanced 

An Act to Authorize the President to appoint a Commissioner Gen- 
eral to the Different Courts of Europe 

Sec 1. Be it Enacted by the Senate and House of Representatives 
of the Republic of Texas in Congress assembled .That the President 
is hc^reby authorized to appoint a Com[missione]r General to those 

"^Tho ?:,ecret journal has no ropy of this report; it huo. therefore, been 
copied from th? original in Papers of the Second Congress. 



06 8p:cret Jourxals of the Senate 

European Courts where we now have no Representation with instruc- 
tions to solieit our ref^oirnition and to form treaties of Commerce and 
Amity with this Republic, And the said (^'om[missione]r shall receive 
the pay and outfit of a ^Minister lienipotentiary as his salary for the 
time he is in service. 

The doors were opened. 

Executive Department City of Houston 

Republic of Texas Dec 13th 1837.^'» 

To the Honorable Senate of Texas. 
Gentlemen : 
In response to your call on the Executive, I have with regret to 
state that Mr. Chamberlain obtained a furlough on the 10th day of 
February 1837, for two months, and was to report for duty at the ex- 
piration of his furlough, wdiich he did not do. Wlien the Army was 
organized, it was not knox^n that he was livincr. consequently he was 
not nominated to the Senate at that period. Then all claims on Texas 
ceased. It has been reported to the Executive, that in New^ York, he 
who had never been but a Lieutenant, reprt'sented himself ^is a ^Major 
of the Texian Army, and placed a strap on each shoulder, which be- 
longs to no officer under the Grade of Major. .Thus making himself 
an Imposter. T'ntil the expiration of his furlough he will be allowed 
pay etc. but no longer. If pay is allowed to every one who wishes to 
claim it, no Treasury can meet the demands. I wall not sanction it. 

As to Capt[ai]n Clendennin, he w^as not furlouglied for mentorious 
services, and the Executive is not particularly partial to him for any 
services, which he has rendered to Texas or to the Post of Galveston. 
\Yhen the Executive has been assured, that he was never present at 
Roll Call, or Parade whilst on the Island. He was ordered there, and 
appointed with the hope that he would establish discipline and main- 
tain su])ordinati()n. Both of which it is believed he materially in- 
jured, and for this reason he was furlouuhed, and for none other. 
Recent matters have called the attention of the Executive, from 
which he is disposed to l^elieve, that he has been an unworthy mem- 
ber of the Army, and ought to be subject to Executive discretion. 
When on furlouah he assumed the command of the Post of Velasco, and 
left the same without orders, which acts were contrary to all subor- 
dination and Military Regulations. The first (L[ieuteuan]t Cham- 
berlain) has nothing to complain of in being dropped from notice, 
and the second (Capt[ai]n Clendennin) in being dishonorably dis- 
missed. In all vSiK-li cases, so long as the Executive loves his country, 

^•See note o above. The public journal nuilces nole of a secret session held 
this dale; the secret journal does not. 



Republic of Texas 07 

and he has the power he will exercise it, altho[ii<_rh] he has not yet 
done so, and thei-eiore with the enclosed Documents, lie is bound to 
pronounce the petition uu-t'ounded, and such as ouiiht not to claim 
the serious consideration of the Honorable Senate. 

Sam Houston 

1. 

War Department 
Columbia Feby 10/37 
It having appeared to the satisfaction of this Department, that 
Lieut [enant] Horace P. Chamberlin is now laboring under a severe 
affection of the left eye, and that it is necessary that an operation 
should be innnediately performed by some skilful oculist, he is here- 
by granted leave of absence for the space of Sixty days, at the ex- 
piration of which time, he will report to this Department for orders 

Signed Wm S. Fisher 

Sec[retar]y of AYar 
I certify the above to be a true copy of the original now on record 
in this Office 

Charles ]\Iason 

Chief Clerk 

[Endorsed on back] ''Copy Lt. Chambcrlins Furlough" [with 
following autograph note by President Houston,] ''He never re- 
ported, and for that reason, w-as not nominated to the Senate in May 
last. He was no offlcer after the expiration of his furlough. He is not 
to be paid after that date Sam Houston" 

2. 

L[ieutenan]t Chamberlin reported for duty from furlough of 
Sixty days, bearing date the 10th of Feb[ruar]y 1S37, on the 10th of 
Oct[ober] 1887. L[ieutenan]t C[hamberlin] was not nominated to 
the Senate by the Hon[orable] Wm S. Fisher, then Sec[retar]y of 
War in consequence of his furlough having expired, and the Dep [art- 
men] t not having received any communication from him until his re- 
port in person on the 10th Oct [ober] 1S37. 

Barnard E Bee^^ 
Sec[retary] of War 
[Endorsed on back]- "Date of Lt Chamberlins Kcport for duty" 
[with following autograph note by President Houston,] '*Xot in ot'Iice 
and not on th(^ Koll of the Army Sam Houston" 

"D. S. 



98 Secret Journals of the Senate 

3. 

War Department 
December 1837 
I hereby certify that Lieut [enant] Chnmberlin reported to this 
Office for duty on the 10th of October 1S37 stating that he had been 
compelled to outstay his furlough from the tedious and painful opera- 
tion incident to the loss of his eye, and assuring this Department that 
he had written requesting an extension of his furlough, but that the 
vessel was wrecked which bore his letter. Under these circumstances 
I received him on duty. His Excellency the President is however of 
opinion that he forfeited his claim as an officer in not returning 
at the expiration of his furlough and has so ordered 

Bernard E Bee^^ 
Sec[retary] of Wai* 

4. 

War Department 
Houston July 8/37 
Capt[ain] A. Clendinin of Co[mpany] A. First Regiment Ar- 
tillery is hereby furloughed for the space of Sixty days; to take ef- 
fect after the Court ]Martial at Yelasco 

(Signed) J. Snively 

Act [in] g Sec[retar]y of War 
I certify the above to be a true copy of the origTial now on record 
in this Office 

Charles Mason 

Chief Clerk 
[Endorsed on back] ''Copy Capt. Clendinins Furlough" [with 
following autograph note by President Houston,] "This suspended 
all his functions as an officer Sam Houston" 

5. 

Capt[ain] A. Clendinin reported for duty from furlough of Sixty 
days beariug date July Sth 1837, on the 10th of the ensuing September 
1837. 

Barnard E Bee^» 
Sec[retary] of War 
[Endorsed on back] "Date of Capt. Clendinins Report for duty" 
[with following autograph note by President Houston,] "This was 
after the expiration or his furlough. Sam Houston" 

^«D. S. 
"D. S. 



Republic of Texas 99 

6. 

Post Velasco July 20/37 
,To the Hon[oral>le] 
J. Snively 

Acting Sec[retar]y of War 
Sir, 

It becomes my duty as acting commanding officer of this Post to 
inform your Honor that on the morning of the ISth inst. Lieut [en- 
ant] W. Eedtleld and Dr. A. Lynch met for the purpose of settling 
an affair of HOXOR ^vhich resulted in the latter recei\dng a mortal 
wound of ^vhich he died on the same evening about 10 o'clock, and 
was yesterday intered with the nsual military customs. 

I assure your Honor that every thing between the parties was 
fairly and honorably conducted. I have attended to L[ieutenan]t 
Redficlds case and have done every thing in my power as far as my 
abilities extend to have him bailed. The sherift has arrested him on a 
Civil process for breaking the peace. I think he can procure, bail in 
the course of two or three days and be released from his present con- 
finement in the Fort, and resume his command At the solicitation 
of ISlr. Humplu'ies and two or three other gentlemen I was urged to 
act until some person is duly authorized by the Executive. Your Honor 
will please recollect that I was furloughed for the purpose of going 
to the States ; I got my things all in order, 'my clothing packed up and 
was to depart by the first vessel, but was again taken sick here, and 
rather worse than before I left Galveston. It may appear to your 
Honor that acting in my present capacity, that it is a relinquishment 
of my furlough, in which case your Honor will please grant me an- 
other for the same length of time. 
I have the honor to be 

Your Honor's Obt Serv't 

A. Clendinin 
Actg Commanding 1st Inf[antr]y T. A. P. V. 
I certify the foregoing to be a true copy of the original now on file 
in this Department 

Charles Mason 

Chief Clerk 
War Department 
Dec. 12 1S37 
I further certify that no answer to the annexed letter appears on 
record in this Department 

Charles ^lason 

Chief Clerk 
[Endorsed ou back] ''Copy of letter from Capt. CU^ndinin V(^lasco 



100 Secret Jouk.vals of the Senate 

July 20/37" [with the following autograph note of President Hous- 
ton,] ''He assumed eomnuind without aiifJioriiy and left without per- 
tnission This is contrar}- to all .Military Rules. Sam Houston" 

Executive Department City of Houston 

Republic of Texas Dec. 13th 1837.-'^ 

To the Hon [orable] Senate of Texas. 
Gentlemen : 
I take pleasure in subinittins: for the ratification of your Hon [ora- 
ble] body the nomination of Mr. F. E. Lubbock, as Comptroller of 
the .Treasury of the Republic. The great press of business in that 
Department, and the vacation of the office, caused by the resignation 
of the gentleman who recently filled it, induces the Executive to so- 
licit most respectfully the advice and consent of the Honorable Senate 
to this nomination as soon as practicable.-^ 

Sam Houston 



Thursday 15th Dec [18]37 

The doors being closed the Senate went into secret session and on 
motion of Mr AVharton the message of his E|xcellency] the Presi- 
dent, giving his reasons for dismissing Capt[ain]s Chamb[er]lane 
and Clendeimen from service, was taken [up] and read and after 
much discussion .Mr Everett offered a resolution that their dismissal 
was a violation of existing laws and that no officer could be dismissed 
without sentence of Court ^Martial 

Resolved-- tluit the President in dismissino' from the Roll of the 
Army Capts Clendenin, Chamberlain and Munroe has misconstrued 
the existing laws and constitution that no officer can be dismissed 
from service without sentence of Court ^Martial I 

Further Resolved that the officers above mentioned shall have the I 

benefit and justice of a trial by Court IMartial in accordance with ^ 

existing laws t 

The rules being susx)ended the resolution was laid on the table for 
the time being, when ^Ir Burton offered a resolution appointing a I 

committf'c of two to wait on the Secretary of War and enquire of him 
certain points in relation to the case of Capt[ain]s Cleudennen and 
Chamberlauc 

Resolved by the St^nate that the Secretary of AVar inform this house 
whether or not Capt[ain]s Chamberlain Clendennin and Monroe are 

*'See note :> above. 

"The nominatiou of Mr. Lubbock was oonfirmed as is shown b\' a letter 
from the Soireiary of the Sf'uare to the President. Deoeniber ^'^, ISHT. MS. 
in Senate Confirmations. Texas State r.if)rary. 

"See note 6 above. 



Kepublic of Texas 101 

stricken from the Roll of the Army and if so whether by the order 
of the Executive 

Resolution [was] adopted and ^lessrs. Burton and Horton [were] 
appointed [the] Committee. 

Report of special committee appointed to wait upon the Sec[retar]y 
of War and enquire whether Capt[ain]s Clendenin Chamberlain and 
Munroe were stricken from Roll of [the] Army by executive orders- 
Monroe is stricken from the rolls 

Clindinen is suspended without consulting the President so far as 
auditing his accounts etc. under promise of the President to send 
proofs in vrriting by the secretary by 3 men sufficient to authorize 
his being stricken off. President thinks he has authority to do so. 

Chamberlain — The President says that his commission expired wdth 
his furlough 

I W Burton 
A. C. Horton 

.The doors being opened the Senate adjourned until 3 o clo[ck] P. M. 



Dec 16th 1837 
The Report of the Indian Committee made in October was taken 

up. 

Mr "Wharton introduced a Res[olution] declaring null and void 

the treaty made by Gen [era] 1 Houston and Col[onel] Forbes wath 

certain tribes of Indians, which was read and the rule being suspended 

it was adopted. 

Mr Everitt offered a Res[olution] appointing Gen [era] 1 Hamilton 

as Ass[istan]t Commissioner to negociate the loan of five millions, 

which was read and adopted. 

Executive Department . City of Houston 

Republic of .Texas Dec. 16th 1837-- 

To the Hon [orable] Senate of Texas. 
Gentlemen : 
I have the honour of submitting for the ratification of your Hon- 
[orable] body the nomination of Wm R Scott Esqr as Chief Justice 
for the county of Brazoria. Your advice and consent to this nomina- 
tion is respectfully requested. 

Sam Houston 
The doors were opened. 

"The above title is endorsed on bark of the report and states that it was 
received December 13, 1S37. 
"See note 3 above. 
10 — Lib. 



102 Secret Journals of the Senate 

Executive Dopartnient City of Houston 

Republic of Texas Dee. 18th 1837.=* 

To the nou[orablc] Senate of .Texas 
Gentlemen : 

Tn reply to an inquiry from your Tlon[orable] body, requesting 
my i-easons for continuinir CaT)t. J. D. Boylan in the naval ser^dce of 
the Repub'lic. after the rejection of his nomination by the Hon[orable] 
Senate, I take irreat pleasure in stating that it was the result of much 
reflection, and had not the Executive continued him in command the 
consequences mieht have been fraught with some detriment to that 
arm of our National defense. Sanoruine of the ratification of the nom- 
ination of Captfai]n J D Boylan, he was ordered on board the Brutus, 
where the news of his rejection was communicated to him, and even 
then he would have been deprived of his command had not the Execu- 
tive been aware that he obtained the crew for the Brutus. The Ves- 
sels were then prepared for a cruise, and to have taken away the com- 
mand from him at that time might have been the cause of much dis- 
content and dis,vatisf action to those men, whom he had been instru- 
mental in placing on board his vessel: and consequently the desired 
cruise would have been dilatory in its consummation. For the ad- 
vancement of the best interests of the Republic, and for that alone. 
the Executive most respectfully assures the Hon[orable] Senate he 
continued Capt[ailn Boylan in command. I have transmitted docu- 
ments lierewith. which will convince the Senate that the Executive 
was authorized in his nomination. Which documents-^ Capt[ai]n 
Boylan hopes will be returned after perusal. 

Sam Houston 

Executive Depai'tment City of Houston 

Republic of Texas . Dec. ISth 1837=' 

To the Hon'orable] Senate of Texas. 
Gentlenirn : 
I take ph^;isinv in offering for the ratification of your Hon[orable] 
body the t'ncl<»s(Ml Treaty concluded between the .Tonkoway Indians 
and Colon>*l Karnes on behalf of this Oovernment. 

Sam Houston 

•'See note I', abovii. Secret sessions of the senate on this date are noted 
In the i)ul>lie journal, but not in the secret journal. 
'^The documents transmitted have not been found. 
"'StM^ notf» .". above 



liEPUBLic OF Texas 103 

Treaty with tlie Tonkawny Indians. 

.Texas Post of Bexar 
Nov. 22ncl 1837^' 
The following treaty of peace and amity Avas entered into at the 
Post of Bexar in the Republic of Texas, between the Toncoway Tribe 
of Indians, thro [ugh] their Head Chiefs, on the one part, and the 
Republic of Texas, through its authorized Commissioner Col[onel] 
Henry W. Karnes, of the other part. 

Article First. 

We, the Chiefs of the Toncoway tribe of Indians, being sensible 
that war is a great evil and attended with incalculable mischiefs, do 
this day promise to bury the .Tomahawk and live upon terms of Peace 
and amity with the government of Texas. And in order to secure the 
blessings of peace, we do bind ourselves to bring to condign punish- 
ment such individuals of our tribe as may depradate upon the proper- 
ty or injure the persons of any of the citizens belonging to the Re- 
public of Texas. adopted-^ 

Article Second. 

As the desire of gain is an unconquerable passion in the human 
breast, and when united to l)ad heart, the source of all the ills which 
afflict hiunanity, we do, to avoid the evils resulting from a direct 
intercouse with unprincipled men and to perpetuate the friendly re- 
lation which is this day established, require the Texian Commissioner 
to appoint a Trading Agent, who shall regulate and have a controlling 
influence over the trade which may be carried on between the Tonco- 
ways and the citizens of Texas. adopted-'^ 

Article .Third. 

Full ingress and egress is allowed to the citizens of Texas for the 
purposes of trade, subject to the requisitions of the Second Article; 
that is to say, no trader is to enter our Tribe with an intent to trade, 
without first obtaining a license or passport from our Tniding Agent: 
and for the prevention of future collissions, we bind ourselves and 
our Tribe not to trade with any persons who are not legally authorized 
to traffic among us. adopted^*^ 

^D. S. in Indian Affairs. Texas State Library. 

-"The word adopted is written at the end of each of tlie first five articles; 
it is perhaps the nu'inoraudiim of the set^retarv of the senate. 



104 Secret Journals of the Senate 

Article Fourth. 

The Government of Texas also agrees to live on terms of peace and 
amity with the .Toncoways; and should the latter fulfill the stipula- 
tions mentioned above, it binds itself to punish all aoressions which 
may be comraittcd by any of its citizens upon the Toncoway tribe; 
pro\aded sutilcient evidence of guilt is adduced. adopted^^ 

Article Fifth. 

In conformity to the Second Article of this treaty, I, H. W. 
Karnes, the Commissioner appointed by Government to treat with the 
Frontier Tribes, do this day constitute and appoint Nathaniel Lewis, 
the Trading Agent, of the Toncoway tribe, the said Lewis to continue 
in office until removed by the Government. adopted^- 

Article Sixth. 

This treaty is to take effect and be binding upon the Toncoways, 
when signed by the Chiefs ; and upon the Government of Texas when 
constitutionally ratified. 

In testimony whereof, the Representatives of the two contracting 
parties have hereunto set their names and affixed their seals this 22nd 
day of Nov [ember] 1837. 

'Ouchcala 

his + mark (Seal) 
Hosata 

his -|- rxiark (Seal) 
Harshokena 

his -|- mark (Seal) 



Toncoway Chiefs- 



Signed Duplicates. 



H. W. Karnes (Seal) 



Dec 19th 1837 
The [resolution] relative to the dismissal of Capt[ain]s Clendinin 
Monroe and Chamberlain was taken up, amended by striking out 
the name of Cliamborlain and the ayes and nays being called on its 
passage stood as follows 

Ayes Messrs Barnett, Burton, Everitt, Robertson, Wharton and 
Wilson — 6. 

Nays IMessrs Dunn, Ellis, Lester and Somerville — 4 
and the Res[olution] passed and the injunction of secresy was re- 
moved. 
'■'See note 28, p. 103. 
''Ibid. 



Republic of Texas 105 

The treaty with the Toncoway Indians was read section by section 
and ratified. 

The ayes and nays being called on the confirmation of the nomina- 
tion of Wm. P. Scott as Chrie]f Justice of Brazoria Co[unty] stood 
as follows — 

Ayes Messrs Everitt, Dunn, Ellis, Horton, Lester [and] Robert- 
son — 6 

Nays Messrs Barnett, Burton, Wharton and Wilson — 4, and the 
nomination was confirmed. 

S. H. Everitt, 
President pro tern of the Senate. 



SECOND CONGRESS 

THIRD OR ADJOURNED SESSION 

Secret Journal of the Senate of Texas. 

April 25th 1838^ 
The doors being* closed, the President laid before the Senate a mes- 
sage from the President of the Kepublic, dated April 23rd 1838, com- 
municating' a convention entered into on the 11th inst[ant] between 
the Hon[orable] R. A. Irion, Secretary of State of the Republic of 
Texas, and the Hon[orable] Alcee Jja Brauehe, Charge d Affaires 
from the Government of the United States. 

Executive Department City of Houston 

Texas. 23d April 183S' 

Gentlemen of the Senate! 

The Executive has the i)leasure of submitting to your Honorable 
Body a convention^ entered into on the 11th Inst, between the Hon- 
orable R. A. Irion. Sec[retar]y of State of the Republic of Texas, and 
the Honorable Alcee La Branche Charge d 'Affaires from the Govern- 
ment of the United States. 

The Executive is satisfied of the fairness of the transaction, and 
that it is as favorable to the interests of this Republic as it had any 
right to anticipate. The President therefore requests of his constitu- 
tional advisers, the Honorable Senate, an approval and ratification of 
the same, that the odiiun which has heretofore attached to this country 
and its authorities may no longer have reason to exist. Full restitu- 
tion having been made to the Government of the United States for all 
just demands, it is to be hoped that our future relations to that Gov- 
ernment will 1)6 greatly subserved, and matters of \4tal importance to 
many of our citizens, as well as the country, be facilitated, which have 
not heretofore met the cordial cooperation of that Government, which 
to us were very desirable. 

Sam Houston 

'The secret journal of the adjourned s(^ssion of the second congress is 
Incomplete. The portion extant, covering the i>eriod from April 23 to May 
3. 1S38. embraces five unnumbered folio pages, and is in the handwriting of 
W. F. Gray, Secretary ot the Senate. It is found among the i)apers of the 
second congress. The journal for the period trom May 4 to 24 is missing. 

*The secret journal has no copy of this message; it has, therefore, been 
supplied from the original. 

"•The Convention is printed in Treaties, Conventions . . . between the 
United .States of America and other Poivers, 1116-1009, 11 177S-79. (61 Cong.. 
2 sess., Sen. Doc. No. 357.) 



Republic of Texas 107 

The message and the couvention were read the first time. Tht- 
doors were then opened, and the Senate rose from secret session. 

W. F. Gray 
Sec[retar]y. 



April 28th 1838 

The SvHiatt went into secret session. 

The President laid before the Senate a messaue from the President 
of the Iiepul)lic dated April 25th 1838, making: the following nomina- 
tions, which were read, viz.* 

Executive Department City of Houston 

.Texas April 25, 1838 

To The Honorable Senate 
Gentlemen, 

I have the pleasure of laying before you, the constitutional advisers 
of the President, the following appointments which have been made 
during the recess of Congress, and should the list not contain all which 
have been made, so soon as information can be obtained from the De- 
partments in relation to them, they will be nominated by me with much 
satisfaction. 

Henry 11. AVilliams, Consul for the Port of Baltimore, IT. S. A. 

John F. Cortes, Consul for the Port of Natchitoches, U. S. A. 

John L. Hodge, Consul for the Port of Philadelphia, U. S. A. 

James D. Hamilton Jr., Consul for the Port of Charleston, U. S; A. 

George Dobson, Consid for the Port of Mobile, U. S. A. 

E. 0. Le Grand Chief Justice of the County of San Augustine. 

John H. ^loney Chief Justice of the County of Austin. 

Napoleon B. Thompson District Attorney for the first Judicial Dis- 
trict. 

The advice and concurrence in the foregoing nominations by the 
Honoral)le Senate is respectfully requested. 

Sam Houston 

The convention entered into between the Secretary of State and the 
United States Charge d Affaires, on the 11th inst[ant] for indemnifi- 
cation for the Brig Pocket, etc. wa.s read a second time. 

On motion of ^Ir Everitt it was 

Resolved, That the President be respectfully requested to lay be- 
fore the Seuate the correspondence and any information he may 
have in regard to the convention of indemnification between this 
Government and the United States, entered into April 11th Inst [ant] 
now before the Senate. 

*In place of the brief summary contained in the secret journal, a coi)y of 
the message is introduced. 



lOS Secret Journals of the Senate 

The doors were then opened and lhe Senate rose from secret session. 
I W. F. Gray 

f . Sec[retar]y 



May 2nd 1838 
. The doors being closed, the Senate went into secret session. 

The convention between the Sec[retary]y of State and the Charge 
d 'Affaires of the United States, made on the 11th ult[im]o, was read a 
second time. 

The appointments of Chief Justices of Counties and of other of- 
ficers made by the President of the Republic during the recess and 
communicated in his ^Message of the 25th ult[im]o were taken up. 

The nomination of E. 0. Legrand, as Chief Justice of the County 
of San Augustine, was considered, and passed over for the present. 

.The nomination of John H. Money, as Chief Justice of the County 
of Austin, was considered and confirmed. 

.The nomination of Henry IT. Williams as Consul for the Port of 
Baltimore, in the U[nited] S[tates] of America, was considered and 
confirmed. 

The nomination of John F. Cortes, as Consul for the Port of 
Natchitoches in the U[nited] S[tatesl of A[merica] w^as considered 
and confirmed. 

The nomination of John L. Hodge as Consul for the Port of 
Philadelphia, in the United States of America, was considered and 
confirmed. 

The nomination of James D. Hamilton as Consul for the Port of 
Charleston, in the U[nited] S[tates] of America, was considered and 
confirmed. 

The nomination of George Dobson as Consul for the Port of Mobile, 
in the United States of America, was considered and confirmed. 

The nomination of Napoleon B. .Thompson, as District Attorney 
for the first Judicial District, was considered and confirmed. 

Ordered, That the injunction of secrecy, so far as regards the con- 
firmation of the foregoing appointments, be removed. 

W. F. Gray, 
Sec[retar]y. 



May 3rd 1838. 
The Senate went into secret session, and the doors being closed, 
The convention between the Government of Texas and the Gov- 
ernment of the United States, concluded between the Sec[retar]y 
of State of Texas, and the Charge d'Alfaires of the U[nited] S[tatesJ 



Republic of Texas 109 

on the 11th ultfinilo, was takon up and read by sections, whereupon 
it was 

Ordered, That the Senate advise and consent to the ratification of 
the Convention entered into on the 11th day of April, ult[im]o, between 
the non[orable] li. A. Irion, Secretary of State of the Republic of 
Texas and the Hon[orable] Alcee La Branche, Charo:e d 'Affaires of 
the United States of America, acting on behalf of their respective 
Governments to terminate the reclamations of the Government of the 
United States for the capture, seizure and detention of the Brigs 
Pocket and Durango, and for injuries suffered by citizens of the 
United States on board the Pocket. 

Ordered, That the injunction of secrecy in relation to the confirma- 
tion of the convention above named be removed. 

[Here ends the Secret Journal for this session ; the manuscript for 
the period from ^lay 4 to 24 has been lost. A few messages from the 
President, which were sent to the Senate for action in secret session, 
are appended.] 

Executive Department City of Houston 

Texas April 27th 1838* 

To the Honorable Senate 
Gentlemen, 

I have the pleasure of laying before you, the constitutional advisers 
of the President, the following appointments, which have been made 
during the recess of Congress, and should the list not contain all which 
have been made, so soon as information can be obtained from the De- 
partments in relation to them, they will be nominated by me with 
much satisfaction 

A, S. .Thruston, Quarter Master General, 

C. L. Harrison, Inspector General. 

Hillequest Landers, Quarter Master. 

The concurrence and advice on the foregoing nominations by the 
Honorable Senate is respectfully requested. 

Sam Houston 

'This copy of the message has been taken from the original. An en- 
dorsement on the hack of this message states that it was received and read 
May 17, 1S3S. The public journal notes a secret session on this date. 



110 Sp:cket Jockxat.s <3f the Senate 

Executive Department City of Houstou 

Texas 21st :\[ay 1838' 

To the Honorable the Senate. 
Oentleirien. 
The President has the pleasure of nominating for your considera- 
tion Samuel ^I. Williams and Albert T. Burnley as eonnnissioners of 
the Five Million Loan, agreeably to the late act of Conti:ress. And re- 
spectfully asks the advice and confirmation of the Honorable Senate. 

Sam Houston 



Executive Department, Houston, May 24th I 

To the Senate. • I 

The President has the pleasure of submitting to the Honorable | 

Senate a Convention^ of limits between the United States and Texas, f | 

recently entered into by the plenipotentiaries of the two Govern- | y 

ments, and respectfully requests the Katiiication of the same. | j 

Respectfully 

Sam Houston | \ 

To the President of the Republic of Texas. I j 

The Secretary of State has the honor herewith to transmit to the . i 1 
President a convention of limits between the United States and Texas 
entered into at Washington City on fifth [twenty-fifth] day of April 

1838, by the plenipotentiaries of the two Governments. I 

R. A. Irion 1 

Department of State j 
City of Houston, May 2-lth 1838^^ j 

^This copy of the niessa,2:e has been taken from the original. The public ! j 
journal notes a secret session on this date. 

'This copy of the message has been taken from the original. The public 

journal makes note of secret sessions held May 22 and 23, but not May 24. •] ' 

'^This convention is printed in Treaties, Conventions .... hetiveen * | 

the United States of America and other Foivers, llltJ-VJOi), II 1779-lTSO (61 I 

Cong., 2 sess., Sen. Doc. No. 357). i 

"L. S. .1 

■ I 

r ' 



THIRD CONGRESS 



Roll of Senators 
George W. Barnett, for the District of Washington and Montgomery. 
Isaac W. Burton, for the District of Nacogdoches and Houston. 
Edward Burleson, for the District of Bastrop, Gonzales and Fayette. 
John Dunn, for the District of Goliad, Refugio and San Patricio. 
Richard Ellis, for the District of Red River and Fannin. 
Stephen H. Everitt, for the District of Jasper and Jefferson. 
John A. Greer, for the District of San Augustine. 
Oliver Jones, for the District of Austin and Colorado. 
Harvey Kendriek, for the District of Matagorda, Jackson and Victoria. 
Emory Rains, for the District of Shelby and Sabine. 
Juan N. Seguin, for the District of Bexar. 
Benoni Stroud, for the District of Milam and Robertson. 
William H. Wharton, for the District of Brazoria. 
Robert Wilson, for the District of Harrisburg and Liberty. 

Officers of the Senate 
Mirabeau B. Lamar, Vice-President until December 10, 1838. 
David G. Burnet, Vice-President, inaugurated December 10, 1838. 
Stephen H. Everitt, President pro tem. 
John D. McLeod, Secretary. 



THIRD CONGRESS 

Journals of the Senate of the RepuUic 
of Texas, in Secret Sessio7L First Session of the Third Congress ISSS."- 

Senate Hall 

13th Novr 1838. 
The Senate went into secret session and took up the communication 
from his Excellency the President. 

Executive Department ' ' City of Houston 

Texas ' 13 Nov 1838^- 

.The President has the pleasure of submitting to the Honorable 
Senate the following appointments which have been made during the 
recess of Congress, and await the ratification of your Hon[orable] 
Body. 

Anson Jones, Minister Plenipotentiary near the Gov[ernmen]t of 

the United States. 
Geo. W. Hocldey, Secretary of War. 
C. S. Taylor, Commissioner to run the boundary line between this 

Republic and the United States. 
John Willis, Consul of the Republic for the Dep[artmen]t of the 
"Bouches du Rhone," to take .effect when a commercial treaty 
shall have been entered into between the Gov [ernmen] t of Texas 
and France. 
A. S. Thrust on. Attorney General. 

^The secret journals of the third congress here printed are found in a 
manuscript volume, containing the secret journals of the third, fourth, 
fifth and sixth congresses. This volnrae in some manner not kno"^'n was 
lost from the archives of Texas. Fortunately it was recovered by the 
late C. Arthur Williams, of Washington, D. C, and by him presented to 
the State Library. The Houston Post of June 29, 1906, stated that 
"this ancient volume was found among some old papers in the archives 
at Washington and was placed in the hands of Judge Seih Shepard, who 
decided that the State of Texas was the proper custodian." Letters from 
Hon. W. J. Clay, commissioner of agriculture, insurance, statistics and his- 
tory, to Judge Seth Shepard and to Mr. C. Arthur Williams, acknowledging 
receipt of tliis valuable gift, show that JMr. Williams was the donor and 
Judge Shepard the transmitter. 

The secret journals of the third congress embrace thirty-two un- 
numbered folio pages. This journal is a revision of the secretary of the 
senate's rough minutes; some of the latter are preserved among the 
papers of the third congress. The task of revising and copying the jour- 
nals into this volume was performed by the S'-'cretary; see the resolu- 
tion adopted on January 24, 1S39; the handwriting, too, indicates this. 
There is some evidence in the journal that the work was done some time 
after the adjournment of the third congress, perhaps after the removal 
of the seat of government to Austin. 

'The copy of the message here printed has been compared with and 
made to conform to the original. 



114 Secret Journals of the Senate 

VTiti. G. Cool'c, Quarter ^Master General. 
Geo. TF. Poc, Stock Commissioner. 
Thomas Toby. Consul for the port of* New Orleans, 
George Lane. District Attornc^y San Augustine 
John Ilvhert. District Attorney XaeogTloches 
Ahx Ilorton, Collector Dist[rictl of San Augustine 
John Sharpef Notary Public Port of Velasco 
R. D. Johnson, Notary Public Port of Galveston 
Thomas Harvey. Notary Public of ]\Iatagorda 
John Alex Xewlands, Notary Public of Houston. 
W. Fairfax Gray, Notary Public of Houston. 
II. L. Coohe. Chief Justice. County Matagorda. 
Ly Sander Wells, Promoted to Colonel of Cavalry. 
Ralph Kellog, Consul for Port of Boston, U. S. A. 
Nathaniel Amory, Secretary of Legation near the Gov[ernmen]t 
of the United States in place of Fairfax Cattlet resigned 

Sam Houston 

On motion of ^Mr. Burton they were laid on the table until third 
Monday of December 183S, which was adopted 

]Mr. Everitt president pro tern [pore] suggested to the Senate [the 
need] of the Secretarys notifying the Executive of the same, the 
Secretary was instructed accordingly 

On motion of ^fr. AVharton the doors were reopened 



[November 19, 1838] ' 

Executive Dep[artmen]t City of Houston 

Texas 16 Nov 183S^> 

To the Honorable Congress. 
Gent[lemen] 

The Executive feels it his duty to communicate to your Hon[or- 
able] Body, that since the last session of Congress the Hon [orable] 
James Collinsworth. Chief Justice of the Republic, deceased, and 
rendered it necessary for the Executive to make a pro tem[pore] 
appointment, which was conferred upon the Hon [orable] John Bird- 
sail, and has the honor now to communicate the facts to your Hon [or- 
able] Body that it may adopt such actiou, as its reason may direct. 

Sam Houston 

On motion of ]Mr. Wharton it was likewise laid on the table until 
the third .Monday of Dec [ember] 1S3S. 

Mr. Wilson moved that the injunction of secrecy of the proceed- 

"See note 2 above. 



Republic of Texas 115 

ing- on a former date in relation to the nominations be removed 
carried. 

The doors were reopened 



Senate Hall 

5th Dec 1839 [sic] 

Secret Session. 

The doors being closed, the Senate went into secret session upon 
a ^Messa^ie"^ from the president reporting a communication from 
Sam[ue]l Williams one of the Commissioners of the loan and one of 
the acting navy agents. ]\Ir. Burton moved that the letters and con- 
tract be referred to a special committee of five 

On motion of ^Ir. Burton the Senate appointed the committee viz. 
"Wharton, Burton, Barnet, Jones, and Everitt, who were instructed 
to report as soon as possible 

Mr. Burleson moved the Senate adjourn till 10 o'clock Monday 
the 10th inst[antj. 

Mr. Everitt and ]\Ir. Wharton offered resolutions on the above 
subject which were lost.^ 

Doors reopened 

'The message and the communication have not been found. The con- 
tract between F. Dawson and Samuel Williams, dated November 13, 
1838, for the purchase of six vessels for the Texas navy, is printed in 
Appendix to the Journals of the House of Representatives, 5 Cong., pp. 202- 
204. 

*The proceedings, briefly referred to in this sentence, are given in full 
in "Rough minutes Secret Session otli Dec 1838." They are as follows: 

"Mr Everitt moved at the last session Mr Williams be withdrawn as 
Commissioner to negotiate the Loan. The President considers it not 
witlidrawn 

"Mr Everitt moved, 

"Resolved, That the President be respectfully requested to communi- 
cate to the Senate the causes that have induced him to withhold from 
th(> Senate a nomination of some suitable person to till the place of 
Commissioner for negociating the tive million loan, ia place of Sam -NT. 
Williams who the Senate consented to be withdrawn from nomination at 
the last session of the senate. 

"Col[onel| Wharton's substitute 

"Resolved That the senate having learnt not olTicially but from the 
public newspapers that Sam[uell M Vv'iiliams who was nominated by the 
President as commissioner of the loan at the last session and rejected 
by the Senate has been appointed by the President commissioner in 
the recess of Senate, the Senate therefore conceive that the subsequent 
appointment of s|aild Williams as commissioner is directly contrary to 
the consiitution and is therefore null and void from the beginning. 

"Further Rt-solved That the Senate conceive that the cTmstitution has 
been violated by -be Prcsiden: inasmuch as he has not v/ithin ten days 
communicated to the Senate his appointment of Sam M Williams as 
commissioner etc etc 

"Judge Ellis moved liiat a special committee of three be appointed to 
report relative to the appointment of Sam Williams 

"On motion of Mr. Burleson the Senate adjourned until Monday morn- 
ing lu o'clock" 



116 Secret Journals of the Senate 

[December 10,? 1838] 
The Senate resolved itself into secret session on a communication 
from the Executive viz. 

Executive Dep[artmcn]t City of Houston 

Texas 10th Dec. 1838» 

To the Hon[orable] Senate, 
Gent[lemen] 
In accordance with a resolution of the Senate of the 21st nltTimlo 
respecting the foreign relations of the Republic, I transmit a report 
from the Secretary of State, and the documents which accompany it."^ 
It will be found of the most satisfactory character, and evinces 
the most conclusive evidence of the labors, as well as the ability and 
capacity of the Hon[orable] Sec[retar]y of State. 

Sam Houston 

On motion of ^Ir, "Wharton they were laid on the table for the 
present. 

Mr. Kendrick moved that the doors be reopened. carried. 



Senate Hall 11th Dec 1838 
Joint session of both Houses of Congress in secret session for [elect- 
ing a] Chief Justice 

On motion of Col[onel] Cooke John A "Wharton was nominated 
for the same 

On motion of Mr. Kaufman Gen [era] 1 T. J. Rusk was put in 
nomination. 

On motion of Mr. Bamet Judge Birdsall was put in nomination 
On motion of ]\Ir. Holmes Judge Franklin was put in nomination 
A difference of opinion arose between the Senators and Representa- 
tives when Mr. Ellis moved the Senate to withdraw from the 
House carried unanimously 

Secret Session 
12th Dec 1838 
On motion of I\rr. Everitt, 

Resolved that the nominations and resignations now before the Sen- 
ate be submitted to the President^ for consideration and to enable him 
to fill vacancies and make new appointments if necessary. 

Carried and the Secretary instructed to leave with the President 
said documents, 
doors reopened. 

•See note 2 above. 

'The rt'port and the doouraents referred to have not been identified. 
•M. B. Lamar siicceded Sam Houston as T)resi(lent of the Republic of 
Texas on December 10. 1838. 



Republic of Texas 117 

[December 13, 1838] 
Executive Department 
Houston 13th Dec 183S« 
To the Honorable 

.The Senate 
Gentlemen 

I take pleasure in nominating the following Gentlemen as my Cab- 
inet Officers — and respectfully reque^^t your confirmation of the ap- 
pointments. 

Barnard E Bee, Sec[retary] of State. 

Algernon S. Johnson/'^ Sec[retary] of War. 

Memucan Himt, Sec[retary] of Xavy. 

Eichard G. Dunlap Sec[retary] of the Trea[sur]y. 

John C AYatrous Attorney General. 

Yours respectfully, 

Mirabeau B. Lamar. 

The Senate then took up the nominations individually 
Barnard E Bee 8ec[retary] of State confirmed unanimously 
A S Jolmson Sec[retary] of AYar confirmed unanimously 
Mr. "Wharton moved to lay on the table the nomination of the 
Sec[retaryl of the Xa\y until the act then under consideration in 
the Senate uniting the War and Xavy Dep[artmen] ts was dispatched 
with. Mr. Greer opposed the same. 

]Mr. Burton moved that the strength of the House be put on laying 
the nomination on the table which resulted as follows tliose who voted 
in the affirmative [were] Messrs Dunn, Jones, Stroud, Wharton, Wil- 
son — 5 In the negative Barnet. Burleson, Burton, Ellis, Everitt, 
Greer, Kendriek, Seguin 8 Motion Lost, 

So [the vote on the confirmation of] Memucan Hunt Sec[retary] 
of the X^avy resulted as follows, in the Affirmative [were] Messrs 
Barnet, Burleson, Burton, Everitt. Ellis, Greer, Jones, Kendrick. 
Seguin, Stroud, and Wharton 11 in the negative Wilson [and] Dunn 
2, Confirmed 

Richard Dunlap as Sec[retar]y of the Treasury considerable 
argument ensued. 'Mr. Dunn stated some facts relative to Gen [era ]1 
Dunlap upon which Mr. Everitt motioned that the nomination lay 
on the table for the present at the same time appointing a committee 
to encpiire into the charges alledged 

Mr. Burton introduced the following Eesolution That a commit- 
tee of four be appointed to enrpiire into the nature of the charges 
preferred against Gen [era] 1 Dunlaj) by the Senator from Kef'uiiio, 

•See note 2 above. 

'"Albert, Sidney Johnston. 
11— Lib. 



118 Secret Jourxals of the Senate 

and that said committee have power to send for persons and papers 
Messrs. Burton. Ellis, Everitt and Dunn were appointed said com- 
mittee. 

Jno C AVatrous. Attorney Gen [era] 1 confirmed unanimously 
On motion of Col[onel] Wharton the Secretary was instructed to 
inform the president of the fate of the foregoing nomination. 

]\Ir. Everitt moved that the injunction of secrecy be removed so 
far as relates to the nominations confirmed this day Carried. 
doors reopened 

Senate Hall Secret Session 
14th Dec. 1S39 [sic] 

]\Ir. Burton chairman of the committee on the investigation of 
charges against Gen [era]! Dunlap, reported that the committee had 
performed their duty and find the charges unfounded in fact, and 
that during the investigation the conduct of General Dunlap was 
brought to lisht which evinced traits of a noble character and that 
General Dunlap is a gentleman well worthy the confidence of the 
Senate. 

TTie Special Committee^ to ^vhom was referred the charges against 
the conduct and character of Genl. E S Dunlap ask leave to report 

That they have in secret session investigated the whole matter and 
fijid the charges not founded on facts but that in the progress of 
the investigation traits of character on the part of Genl. Dunlap were 
developed highly honorable to him as a man and a gentleman. 

Your Committee an3 of opinion that [the] character of Genl. Dun- 
lap is unimpeachable and that he is worthy of the entire confidence 
of your lionorable body. Accompanying this report is a copy of the 
evidence elicited in the progress of the investigation^*' 

Respectfully 

I W Burton Ch[airman'l 

Special Com[mit]tee 

"Mr. Dunn protested acrainst the report, also against the proceedings 
of the committee 

Report concurred in 

On motion of yh\ Ellis the nomination of General Dunlap as 
Sec[retar]y of the Treasury was confirmed, the ayes and noes stand- 
ing thus. Affirmative Afessrs Baraet. Burleson. Burton, Ellis. Everitt, 
Greer, Jones. Kendrick. Seguin, Stroud, "Wharton, AYilson, 12 Neg- 
ative Dunn, 1. 

^fr. Everitt moved that the injunction of secrecy be removed 

carried 

''This rei)ort is ainoncr the Papers of the Third Con2:re?s. 
"The evidence referred to aa submitted ^vith this report has not been 
found. 



Republic of Texas 119 

The Sec[retar]y was instructed to inform the President of the 
result 
Doors reopened. 

Senate Hall Secret Session 
21st Dec. 1838 
Executive Dep[artmen]t City of Houston 

Texas 21st Dec. 1838^^ 

To the Honorable the President and Gentlemen of the Senate, 

I have the honor to nominate William T Austin as Collector of 
the Public Revenue for the Dist[rict] of Brazos, at the Port of 
Yelaaco. 

Mirabeau B. Lamar. 
Mr Wharton moved that the nomination be confirmed, carried 
unanimously 

^Ir Jones moved that the injunction of secrecy be removed, car- 
ried 

Doors being reopened 



Senate Hall Secret Session 
[26th? Dec. 1838.] 

Executive Dep[artmen]t ' City of Houston 

.Texas • 24th Dec. 1838^- 

To the Honorable, the Senate : 

The Executive presents to the Senate the following names for their 
consideration and action. 

James Hamilton, Commissioner of Loans. 

Austin Bryan, Secretary of Legation to the United States. 

William Bryan, Consul at New^ Orleans. 

Thos. L. Hamilton, Consul at Charleston, So[uth] C[arolina] 

With equal pleasure he nominates Doctor Willis Roberts as Col- 
lector of the Customs at Port of Galveston. This Gentleman has 
been intimately known to the President, for twenty five years, as a 
man of science, literature, and unblemished reputation, and he will 
be happy to have it in his power to avail himself of the services 
of one so worthy of public confidence 

Mirabeau B. Lamar. 

The Senate went into secret session on the nominations made by 
the Executive. 

Mr. Seguin introduced a resolution that the Senate consider ^Ir. 

"See note 2 above. 
""Ibid. 



120 Secret Journals of the Senate 

R Wilson arrested until the decision of the Senate is made known, 

ayes and noes being called for affirmative ]Mr. President, Barnet, 
Burleson, Kendriek, Greer, Seguin, Stroud, Wharton, 8. Negative 
Burton, Dimn 2 carried. 

Mr. Everitt moved that the injunction of secrecy be removed 

Doors reopened 

26th Dec. 1838 
3 clock 

Doors being closed, the orders of the day, the nominations of the 
President were taken up. 

James Hamilton [who] was nominated for the office of Commis- 
sioner of Loans [was] confirmed. 

Austin Bryan Sec[retary] of Legation to U[nited] S[tates] con- 
firmed 

Wm Bryan Consul at N[ew] 0[rleans] confirmed 

Thos. L. Hamilton Consul at Charleston confirmed 

Dr Roberts as Collector at Galveston 

Mr. Dunn enquired if Mr. Roberts was a citizen when Dr Everitt 
asked leave for a few moments when he returned with the following 
certificate \ 

*'It comes within my knowledge -that Dr. Willis Roberts arrived in 
this country more than six months ago and declared himself a citi- 
zen of the Republic 

26th Dec. 1838 Signed M B Lamar 

Ayes and Noes being called for stood as follows President pro. tern, 
Barnet, Burleson, Burton, Greer, Jones, Kendi'ick, Seguin, Stroud, 
Wharton 10 in the affirmative. Dimn 1 Neerative confirmed. 



Senate Hall Secret Session 
7th January 1839 
A Bill to confirm the contract for the purchase of a Steam Vessel, 
with amendments, 

Mr Everitt moved the concurrence of the Senate in the amendment 
made by the House of Represent ativo* concurred in 

Executive Dep[artmen]t City of Houston 

Texas, January 7th 1839^' 

I have the honor to nominate 

Silas Dinsraore, Chief Justice Matagorda Co[unty]. 
P. 0. Lumpkin Chief Justice Houston Co[unty]. 

"See note 2 above. 



Republic of Tex.vs 121 

Johii Sharp Notary Public Valasco. 

Daniel J Toler Notary Public Washington. 

Wni H Dangerfield Notary Public Bexar. 

J W Byrne Collector of the Customs at Arransas. 

Jolin D. ^lorris District Attorney Bexar. 

0. P. Kelton Notary Public Galveston. 

And respectfully request the Senate's confirmation. 

]\Iirabeau B. Lamar 

Tte nominations of the president were taken up 

On motion the Chief Justiceship of Matagorda be laid on the table 
till called up. carried 

On motion of Mr Everitt the nominations of the President was 
laid on the table until tomorrow, carried 



Senate Hall Secret Session 
8th January 1839 

Senate went into secret session 

The nominations of the President was taken up 

P. Lumpkin Chief Justice Houston Co[unt]y Laid on the 
table until called up 

John Sharp Notary Public Yelasco 

Daniel Toler Notary Public AYashington 

Wm H Daingerfield Notary Public Bexar 

O. P. Kelton Notary Public Galveston 

John D Morris^"^ District Att[orne]y Bexar 

All of whom were confirmed 

J. W. Byrnes, Collector of the Customs Arransas 

after considerable debate as to the eligibility of Mr Byrne, he 
was rejected on account of non residence. 

]\Ir. Greer moved that the injunction of secrecy be removed and 
that the Soc[retar]y be instructed to inform the Executive of the 
same. 

adjourned 

Executive Dep[artmen]t City of Houston 

Texas Jan[uar]y 10th 1839^' 

To the Honorable, the Senate 

and House of Representatives : 
The accompanying? commmiication from the Secretary of the Treas- 
ury is submitted to Congress, for such action, as may be deemed ad- 
visable in reference to it, by that Honorable Body. The proposed 

"The unnie of John D Morris District Attorney for Bexar is an addi- 
tion to I lie list liiiuic with pencil, , 
'^See note 2 above. 



122 Secret Journ^vls of the Senate 

loan, it is true, is upon conditions ^vhicll under ordinary circumstan- 
ces would be regarded as too onerous for acceptance, but when the 
present condition of the Country is considered, the Executive enter- 
tains the hope that Congress will perceive benefits that must result 
from its immediate negociation, which will be more than equivalent 
to the burthens it imposes, and which at a crisis like this, should not 
be permitted to pass unimproved. An army of sufQcient force to put 
a speedy, and final end to the savage warfare which is now waging on 
our border, is imperatively demanded, by the sufferings of our Citi- 
zens, and must be furnished; but in the present impoverished condi- 
tion of the Trecisury, it is certain that it cannot be supplied, except 
upon terms Avhich will be much more injurious to the Country, than 
those now offered. 

We have but two modes of raising money for the support of war 
— the one by loan, and the other by Government issuer. The inade- 
quacy of the latter system to meet the exigency of the times, is obvious 
to the mind of the Executive. A further expansion of our promis- 
sory notes cannot fail to reduce them to comparative worthlessness, 
and seriously to affect the general character and credit of the nation. 
It remains for us to look to foreign loans, as the only safe and cer- 
tain method of meeting and sustaining the burthens of our military 
operations. I therefore advise the acceptance of the present pro- 
posed loan, as onerous as the terms may seem to be, as the only means 
of supplying our immediate necessities, and pressing demands for 
money. 

The importance of keeping the burthensome character of the ne- 
gociation a secret for the! present, wdll suggest itself to the prudence 

of the Honorable Congress. -^r- - -r^ -r 

MiraDeau B. Lamar. 

.Treasury Department 
To his Excellency Houston J any 9 1839^^ 

The President 
Sir 

I have the honor to submit to your Excellency the following propo- 
sition for a loan. It is proposed to give this Government two hun- 
dred and eiehty five thousand dollars, in the notes of a specie paying 
Bank and checks on the North, for the bonds of the Government for 
five hundred thousand dollars, bearing eight per cent "interest per 
annum payable semiannually, the bonds to fall due ten years from 
the first of this month. 

The bank that issued the notes offered, is one of large capital and 
of decided character and credit, and its paper and the checks will be 

"L. S. 



Kepublic of Texas 123 

equal to gold and silver. The money is nuw in the City of Houston 
ready to be paid to the Government. 

The incidents connected with the past and present call for relief 
without delay, against those high emergencies, that are bearing down 
and oppressing every interest, and all the relations of the Republic, j 

nothing but a correct knowledge of the actual condition of things is j 

wanting to urge every patriot and statesman to plead the necessity, | 

value and importance of a speedy loan. The sacrifice to be made 
may be a matter for an honest difference of opinion. But this is a j 

sacrifice, which older and more powerful nations had to make while j 

struggling for the principles of self rule and independence. ' 

Peace, order and the basis of a Nation's prosperity, must first be 
fii-mh" established before confidence will strengthen and ripen into 
an unimpaired credit. The Promissory notes of the Government are 
not worth more than fifty cents on the Dollar. The large issue which 
for the want of a loan, that the late administration had to make, is j 

beginning to be felt at home and abroad, and is gradually affecting | 

the value of the paper. The audited paper and ten per cent stock 
of the Government is only worth in market from thirty to thirty three 
cents on the dollar — what is to raise the value of our paper, our 
stock, and our credit — protection to the citizens, protection to the 
emigrant. The Country must be first peopled, and their time must be 
employed in developing the rich and ample resources of the Republic, 
before prosperity and its incidental attendant Credit, shall shed 
abroad over this favored land its genial rays of promise and plenty. 
While the time of the citizen is occupied in guarding his family and 
his home, kept on the watch and agitated with daily alarm, emigration 
will be stayed, and every interest of the Country must wither and 
decay, every obligation of the Government be violated, ruin and not 
credit will follow such a timid, suicidal and parsimonious policy. 

Tlie Indian war which is now raging with great annoyance, must 
soon assume a broader and larger operation upon the whole frontier, — 
this will require expenditures for things indispensable, which mu^t 
be purchased in the United States. The contemplated loan from 
England cannot be effected within less time than some four or six 
months. 

If an issue of the promissory notes shall be allowed by law to meet 
the present imperative demands of the Republic, a ruinous deprecia- 
tion in its value will be the result. 

The history of a paper circulation (not based upon gold or silver 
coin) proves conclusively, that when the amount exceeds the demand 
required for the productive labor of the Countrv, that a consequent 



124 Secret Journals of the Senate 

depredation has ever and will eontiane to occur in proportion to the 
demand and the excess. 

The present attitude and conditions of things, forces conviction 
upon the reflecting, that the commerce of the Republic for a few 
years, cannot be bastxl upon productive labor, the source of every 
nation's wealth. The consequence is irresistablc, that this state of 
things, which can only be remedied by time, population, and im- 
provement, will draw money from the nation and keep it drained and 
exhausted. Tliis must continue to depress the value of our paper. 

A revulsion can only take place when Texas shall become large 
exporters of the rich products of her own soil. 

This view of the subject suggests this question for consideration 
and decision — Shall the Government submit to the large discount on 
her bonds as proposed, and relieve its paper from a farther and ruin- 
ous depreciation, and obtain the means to satisfy the commanding 
wants of the country for present defen(?e. or shall she trust longer to 
hope, leave things to take care of themselves, and waste the blood of 
her citizens upon a cold calculation and a sure system of economy, 
which after the lap>e of a few months will enable the Government 
without doubt to make a better bargain. 

These hasty remarks made under the influence of that feeling, 
which has ever taught me to believe that the waste of treasure was but 
trash, compared with the waste of the property, the life and the liberty 
of the Citizens of a nation, are respectfully submitted to your Excel- 
lency's consideration. 

I have the honor to be Very respectfully 

Your obt Servt 
R. G. Dunlap 
Sec[retar]y of Treasury. 

Referred to a special committee Messrs Everitt, Jones and Bur- 
leson"'* 

Senate Chamber Secret Session 
12th January 1839 
Joint Resolution. 
Resolved that the President be and he is hereby authorized to have 
negotiated One ]^lillion of the Five Million loan heretofore authorized 
on the best terms that can be procured The bonds for the same to 
be signed by the president and' Sec[retar]y of the Treasury, any 
thing in the act of the Kith of ]\Iay 1S3S to the contrary notwith- 
standing. 

Read flrst time — rule sus[)('nchxl on motion 'Mr Everitt. Read 
"Endorsement on original message of the President. 



Eke'ublic of TiiXAS 125 

second time and [on] motion of V^m. H ^Yharton indefinitely post- 
poned 

Senate Chamber Secret Session 
12th January 1839 

On motion of ^Ir. Burton 

Resolved by the Senate that as the constitutional advisers of the 
Executive they feel it their duty to say to him that their refusal to 
act upon the proposition for a loan presented to the Senate through 
the Secretary of the Treasury was predicat(\l upon the belief that 
such action would have been injurious to our financial credit abroad 
and productive of but slight benefits at home. That the Senate are 
not warranted^^ that a crisis has arrived which demands such a^^ 
sacrifice and that one may arise demanding a still greater and it 
is with a view of enabling the executive to meet such exigencies 
that they have consented to the passage of the Resolution of the 
— inst[ant] fully trusting the confidence they have so liberally re- 
posed in the Executive will be as patriotically sustained by that officer 

On motion of Mr. Greer laid on the table. 

Mr. Everitt from the committee to whom was referred the commu- 
nication of the President in relation to Loans made a report by bill, 
to which Mr. Wharton offered a substitute which was also rejected. 

]\Ir Burton moved that the committee to whom w^as referred the 
communication of the President made [make?] a Report by recom- 
mending the passage of a joint resolution authorizing the President 
to negotiate One ^Million of the Five i\lillion loan bill. 

]Mr. Everitt moved the suspension of the rule at which Mr. Dunn 
opposed the too hasty passage of bills. 

Ayes and nays being called for, those in the affirmative were Bur- 
leson. Burton, Barnet, Everitt, Jones, Greer, Kendrick, Seguin and 
"Wharton. In the negative Dunn — one — Lost, rule suspended read 
second time — rule further s^.isp[endejd. read third time and passed. 

Everitt moved that the doors be opened, carried. 



Senate Chamber 
14th January 1S39 
Mr. Burton from the committee to whom was referred the commu- 
nication of the President made a Report by Joint Resolution as fol- 
lows. 

Resolved by the Senate and House of Representatives that the 
President be and he is hereby authorizt^d to have negotiated not ex- 
ceeding One Million of dollars of the bonds of this Government on 

'•'The rough or tirst draft of .Mr. Burton's resolution varies from the 
copy in the secret journal in two important instances; for the word 
'"warranted" the word "unaware" is used, and for tiie expression "sucli 
a" the word "some" is used. 



126 SECIiET JOUKN.U.S OF THE SeNATE 

the best terms that can be procured. Said bonds to be signed by the 
President and countersigned by the Secretary of the .Treasury and 
made payable at such time and place and in such currency as the • 
contracting parties may agree upon, anything in the loan bill of 
the 16th 2^Iay 1S3S to the contrary notwithstanding. 

Be it further resolved that the President be and he is hereby au- 
thorized and required forthwith or as soon as practicable to instruct 
the commissioners of the loan authorized by Act of Congress dated ; 

16th May 1S3S to limit their operations under that law to the sum ■ 

of Three Millions of Dollars. 

Mr. Everitt moved that the rules be susp[ende]d and the Joint 
Resol[utio]n pass to a second reading, carried The rule was fur- 
ther [suspended, the Joint Resolution] passed to a third reading and 
passed its final pas:-age unanimously. 

On motion of Mr. Kendrick the doors w^ere opened. 



Senate Chamber 
15th Jan. 1839 
City of Houston 
Executive Dept 15 Jany 39 
To the IIon[ora]ble Senate 
The President nominates 
Matthew Caldwell as Captain. 
James Campbell as First Lieutenant and 

C. C. Colly as Second Lieutenant of the Company of Rangers to 
be raised under a special iaw^ for the defense of Goliad, and requests 
the Senate's confirmation. 

Signed Mirabeau B Lamar 

[The Senate] resolved itself into secret session on the message of 
his Excellency nominating officers for the Ranging Service, the nomi- 
ations were taken up 

Capt[ain] M. Caldwell, carried.^ 

Jas. Campbell First Lieut [enant], carried.^ 

C. C. Colley Second Lieut[enant], carried.^ 

Mr. "Wharton presented the Petition of Nathaniel Towri?end the 
Consul at New Orleans which was read and on motion of Mr. Greer 
it was indefinitely postponed 

The injunction of secrecy was removed and the doors opened 

That is, confirmed. 



Republic of Texas 127 

Senate Chamber Secret Session 
16th Jan'y 
Executive Department City of Houston 

Texas. 16th January 1839^* 

To the Hon[orajble Senate 

Mr President and Gentlemen 
' I take much pleasure in making the following nominations and 
respectfully ask the Senate's confirmation of the same 
Asa Brigham, Treasurer 
John G. TVelshmyer, First Auditor-^ 
J. W Moody, Second Auditor-*^ 
James W. Sinmions, Comptroller 
James Morgan, Navy Agent 

Samuel Hughes, Collector of the Revenue for the Port of Arransas. 
G. TV. Collingsworth, Collector of Revenue for the Port of ]Mata- 

^ ^ • Mirabeau B. Lamar. 

Mr. Wharton moved a suspension of the rule requiring the commu- 
nications of the Executive to lay on the table one day be suspended 
and that they go into the confirmation of the nominations — which was 
carried. 

Asa Brigham, Treasurer, Confirmed 

J G Welshmyer, Second Auditor/*^ Confirmed 

J. W. Moody, First Auditor,-*^ Confirmed 

J. W. Simmons Controller, Confirmed 

Jas Morgan Navy Agent, Confirmed 

Mr. Wharton moved the nomination of Mr. Hughes as Collector of 
the Revenues at the Port of Aransas lay -on the table until the infor- 
mation be had io quiring as to Mr. Hughes residence in the Republic 
carried. 

yir. Kendrick moved that Mr. Geo. W. Collinsworth's nomination 
as Collector of the Revenue at the Port of Matagorda be confirmed — 
carried, unanimously conf [irme]d 

Mr. Wharton offered a Joint Resolution author izuag the President 
to purchase certain vessels viz. 

Resolved by the Senate and House of Representatives in Congress 
assembled that the President be requested to require of the I\Iinister 
of this Republic at Washington to open a negotiation with the diplo- 
matic representation of France for the purpose of purchasing the 
whole or part of the fleet which France has lately captured from 
^lexico and that the President is hereby authorized to pay for said 

"See note 2 above. 

-"The discrepancy between tlie nominations and the conQiniation exists in 
the original documents. 



128 Secret Journals of the Senate 

fleet out of any money heretofore appropriated for the purpose of a 
navy. 

On motion of Mr. Everitt the rule was suspended read a second 
time — rule further suspended read a third time and passed unani- 
mously. 

i\[r. Wharton moved that the committee on Foreign Relations be 
required to call on the President and gain information respecting the 
withdrawal of the proposition for Annexation to the U[nited] 
S[tates]. Carried 

On motion of Isiv. Dunn the doors were opened 



Senate Chamber Secret Session 
17th January 1839 

On motion of Mr. Everitt the nomination of Mr.- Saml Hughes 
Collector at the Port of Aransas was confirmed. 

Owing to the Joint Eesolution passed by the Senate on the 14th 
inst[ant] and rejected by the House of Representatives, the Senate 
took up the Bill that originated in the House of Representatives. 

On the motion of Mr. Everitt the bill authorizing the President to 
negotiate a One Million loan was read second time and [on] motion of 
Harvey Kendrick the rule requiring bills to lay on the table one 
day be suspended, carried and the bill passed to its third and last 
reading.^^ 



Senate Chamber (Secret Session) 
23rd January 1839 
Executive De[partment] City of Houston 

Texas _ Jan'y 23rd 1S39-* 

To the Honorable the Senate 

Mr. President and Gentlemen 
I take pleasure in nominntiug, 
Edward Burleson, for Colonel, 
William S. Fisher for Lieut [enantj Colonel, 
P. S. Wyatt for Major of Frontier Regiment, 
and respectfully request your confirmation of the same. 

Mirabeau B. Lamar. 

Executive Repartment City of Houston 

Texas 23rd January, L^39-^ 

To the Senate 

The President nominates 

"The act is printed in Gamraol, Laiv^ of Texas. U 64-6G. 
-"See note 2 above. 



Republic of Texas 129 

H. 0. Watts, Collector of the Port of La Bacca. 
E. C. Doom, Collector of the Port of Sabine Pass. 
Thos. Harvey Notaiy Public for Matai^-'orda. 

Wm. Fairfax Gray, and Saml A. Kobcrts Notaries Public for 
Harrisburg County and respectfully asks the Senates confirmation. 

Mirabeau B. Lamar 

On motion of Mr. Wharton the nominations of the President were 
taken up. 

Edward Burleson. Colonel — the ayes and nays were called for and 
which resulted as follows 

For the nomination Messrs Barnet, Burton, Ellis, Everitt, Greer, 
Jones, Kendrick, Stroud. 8. Negative Messrs. Wharton and Wil- 
son 2. So ]\Ir. Burleson's nomination was confii-med. 

Wm. S. Fisher, Lieutenant Col[onel] 

Ayes and nays being called for resulted as follows in the affirma- 
tive Messrs. Barnet, Burton, Ellis, Everitt, Greer, Jones, Kendrick, 
Wharton and Wilson 9. in the negative I^Iessrs. Dunn and Stroud 2 
so the nomination of Wm S Fisher was confirmed. 

P. L. Wyatt, as Major, confirmed. 

H. 0. Watts Collector of Revenue La Bacca confirmed, 

R. C. Doom Coll[ecto]r of Revenue of Sabine confirmed 

Thos Plarvey Notary Public jMatagorda confirmed. 

Wm. Fairfax Gray Notary Public Harrisburg C[ount]y confirmed. 

Sam'l Roberts Notary Public Harrisburg County confirmed 

The ayes and nays being called for resulted as follows in the 
affirmative Bamet, Burton, Dimn, Ellis, Everitt, Greer, Jones, Ken- 
drick and Wharten 9 in the negative Messrs. Seguin, Stroud and 
Wilson so the I\Ir, Roberts nomination was confirmed. 

!^^r. Kendrick moved that the nomination of Silas Dinsmore for 
Chief Justice of ^Mataiiorda and 0. P. Lumpkin for Chief Justice of 
Houston co[unt]y which were laid on the table be taken up and 
acted on. carried. 

Silas Dinsmore Chief Justice of Matagorda C[ount]y confirmed. 

0. P. Lumpkin Chief Justice of Houston County confirmed. 

On motion of ^Ir. Wilson the doors were opened. 



Senate Chamber 
24th January 1839. 
Executive Department 
24th January 1839-2 
To the Hon[orajble Senate 

The President nominates J. Reily as Commissioner to nei:rociate the 
"See note - above. 



130 Secret Journals of the Senate 

sale of One Million of the Bonds of the Government, under the 
Executive iiistrut'tion in accordance with loan bill of 22nd inst[ant] 

Mirabeau B. Lamar. 

On motion of ^Ir. Burton Mr. Kelly's appoint [ment] was taken 
up and confinned same day by the Senate in secret session. 

Executive Dep[artmen]t City of Houston 

Texas 24th Jan'y 1839 

To the Hon [oral ble Senate 

The President respectfully asks the Senate's confirmation of the 
following nominations for the frontier Regiment 

Wm D Redd Captain 

Adam Clenclennin Captain 

H W Davis Capt[ain] 

John Holiday Captain 

J. C. P. Kenneymore First Lieutenant 

P. J. Pillans First Lieutenant 

Wm. Kerley First Lieutenant 

Goodall First Lieutenant 

Geo "W Palnior Second Lieutenant-^ 

W. Hufton Second Lieutenant 

J. S. Sutton Second Lieutenant 

"Wm. Redfield Second Lieutenant 

John Bro^vn Second Lieutenant 

(Signed) Mirabeau B. Lamar. 

,The Senate resolved itself into secret session on the nominations 
for the ofFicers of the Frontier Regiment, viz 
W D Redd Captain confirmed 
Adam Clendenin Captain confirmed 
H AY Davis Captain confirmed 
John Holiday Captain confirmed 
J. C. P. Kenneymore First Lieutenant confirmed 
P. J. Pillans First Lieutenant confirmed 
Wm Kerley First Lieutenant confirmed 

Goodall First Lieutenant confirmed 

Geo W Paliiici- First LiiHitcnant confirmed-^ 
W Hufton Second Lieutenant confirmed 
J. S. Sutton Second Lieutenant confirmed 
Wm. Redfield Second Lieutenant confirmed 
John Brouii Second Lifufcnant confirmed 

^^See note 20, p. 127. 



Republic of Texas 131 

' Mr. Burton offered the following: Resolution in relation to the 
Secretary of the Senate 

Resolved that it shall be the duty of the Secretary of the Senate 
that he shall preserve carefully the papers, documents and other 
articles belonging to the Senate he shall have the journals legibly 
and correctly recorded he shall also keep a journal of the secret 
session to which none shall have access but the members of Congress 
whose proceedings they are he shall arrange the papers so that they 
may be easily referred to and shall superintend the printing of the 
same 

Resolved that the said officer shall receive his pay on the certificate 
from the Sec[retary] of State which shall be sufficient evidence for 
the auditor to audit the same. 

Read first time 24th Jan[uar]y. On motion of Mr. Jones rule sus- 
p[ende]d Read second time 24th Jan[uar]y Rule further sus- 
pended Read third time and passed 24th Jan[uar]y. 

The injunction of secrecy was removed 

And on motion of I\Ir. Wharton the doors were opened. 

Finale of the Secret Journals for the Third Congress First Ses- 
sion 1838 and 1839 



FOURTH CONGRESS 



13— Lib. 



Roll of Senators 

George W. Barnett,, for District of Washington and Montgomery. 

Isaac W. Burton, for District of Nacogdoches and Houston. 

John Dunn, for District of Goliad, Refugio and San Patricio. 

Richard Ellis, for District of Red River and Fannin. 

Stephen H. Everitt, for District of Jasper and Jefferson. 

James Gaines, for the District of Shelby, Sabine and Harrison. 

John A. Greer, for District of San Augustine. 

Anson Jones, for District of Brazoria. 

Oliver Jones, for District of Austin, Colorado and Fort Bend. 

Harvey Kendrick, for District of Matagorda, Jackson and Victoria. 

James S. Lester, for District of Fayette, Bastrop and Gonzales. 

Francis Moore, for District of Harris, Liberty and Galveston. 

Juan N. Seguin, for District of Bexar. 

Benoni Stroud, for District of Milam and Robertson. 

Officers of the Senate 

David G. Burnet, Vice President. 

John D. ]\IcLeod, Secretary. 

Algernon Thompson, Assistant Secretary. 



FOURTH COXGRESS 

Secret Journals of The Fourth Congress First Session 1S39-18W 

Senate Chamber, Secret Session. 

18th Nov. 1839^ 
The doors being closed, the following- communications from the 
President were read to the Senate. 

Executive Department 
18th Nov. 1839^ 
To the Honorable Senate 
Gentlemen 
I have the honor herewith to transmit the names of Civil Officers, 
who have been appointed by the Executive during- the recess, subject 
to confirmation, or rejection by the Senate. 



Date of 

appoint- Names, 

ment . 



Offices. 



1839. 

May 25 James H. Siarr | Secretary of the Treasury. 

May 2 J.ouis P. Oook Secretary of tlie Xavy. 

May .SO James Webb i Attorney General. 

arar. 13 r?ich[arld G. Dunlai) :Nrinisr«'r to the L'-uted States. 

Feb. 20 i?aruard E. Bee ! Commissioner to Mexico. 

Mar. 12 Geo. L. Hammeken iSecretary to the Couunissioner to Mexico. 

May 31 Musgrove Evans S<3eond Auditor. 

Aug. 22 Charles Mason ; First Auditor. 

July 24 David Sample !Cominissi<mer to fix the boundary between tfait 

I : Republic and the United States. 

IGeorge W. Smyth 'Surveyor to run said boundary. 

Hamilton P. Bee 'Clerk to the same. 

Feb. 11 Joseph B. Brown I Consul at K.-v West, U. S. 

Feb. 11 Walter Smith i Consul at Mobile. U. S. 

June 25 Cyrus Joy .Consul at Philadelphia, U. S. 

Jime 2." Thos. A. Dexter i Consul at Boston. U. S. 

Feb. 11 William P. Wyehe Cliicf Justice of Sabine County. 

Mar. 1 William P. Miller : Chief Justice of Victoria Coimty. 

Mar. 8 Willard WadhaTus ; Chief Justice of Colorailo County. 

Mar. ir> John C. Brooke : Chief Justice of San Ausrustine County. 

May 1 William Hart j Chief Justice of Nacoirdoches County. 

May 1 James Campbell !(^tu'ef Justice of Ctonzales County. 

June 27 Anilrew J. Fowler i Chief Justice tjf Re<i River County. 

June 28 John Collins 'CluVf Justice of Houston County. 

Mar. 21) Thos. H. McTntire iChief Justice of Jacksua County. 

July 10 Oorsre B. Atkins iCiiief Justice of Harrison Coimty. 

July 2:1 Hutrh B. Johnson jChief Justice of T.ih.Tty County. 

July 2-t Daniel J. Tolor IChief Justice of Washiiurton County. 

Aug-. 16 Martin Parmer U^'Piicf Justice, ,rii-]i.i- Coimty. 

Oct. 21 i'?P!jjariiin P. Buckner jCliirf Justio', Hiirri-i'urir County. 

Jan. 23 Davi<l Holt i Notary public. Brazoria County. 

Feb. 1 Timri W. Eddy_— Notary public, .IV'lTcr.-on County. 

^There are two sources for the secret journals of the fourth congress. 
First, there is the volume described in Note 1 to the sc'crct journals or the 
third congress. The secret journals of the fourth congress embrace forty-five 
pages of this volume. The task of recording them was the work of the 
lecretary of the senate. They abound in abbreviations. This copy wili 
be referred to as copy A. Secondly, there are the secret journals of 
each session as written by Algernon Thom])son, assistant secretary of the 
senate. These are well preserved: they appear to have been caretiillv 
written out from dav to day: they were read to and approved by the Sen- 
ate; and as shown on their face formed the basis for the journals tran- 
scribed into tli(^ volume referred to above. They form the basis of the 
journal here printed. They are among the papers of tlie fourth congress. 
Reference will be made to this copy of the secret jounals as copy B. 

The title at the head of this page is from A. 

-The copy of the mes.sage hfre printed has been compared with and 
msMie to conform to the original. 



^ 



136 



Secret Journals of the Senate 



Date of 


appoint- 


ment. 


Feb. 


1 


Feb. 


16 


May 


13 


July 


1 


Nov. 


18 


Mar. 


')•> 


Sept. 


5 



Names. 



Offices. 



Geo. A. Pattillo- i Notary i)nb)ic, JolTerson County. 

Gwyna Morrison 1 Notary public, Montjirouiery County, 

William Myres i Notary public, Jasper County. 

William Byrne (Notary public, Rcfuijio County. 



John y. Evans 

H. W. Suii.luth 

Frod[ericjk W. Offclen. 
John R. Reid 



Charles S. Taylor- 
John D. Swaim— 
K. L. Anderson... 



Nuiary public, Gaivc-ton County. 
Notary public, Jasper County. 
Distrirt. AttoriK-y for the First Judicial District. 
District Attorney for the Second Judicial Dis- 
trict. 
District Attorney for the Fifth Judicial District. 
Collet'tor of Customs, Sabine. 
Collector of Customs, San Augustine. 



Mirabeau B. Lamar. 

Executive Department 
Austin 18th Nov. 1839. 
To the Honorable Senate, 
Gentlemen, 
I have the honor herewith to transmit the names of Officers of the 
Army who have been appointed by the Executive during the recess, 
subject to confirmation, or rejection, by the Senate. 



Names. j Offices. 

j 

Lysandcr Wells ; Colonel, First Re?[imen]t, Cavalry. 

Huijh McLeod ...Adjutant General. StalT. 

Wm. G. Cooke 'Q[uarte]r Master General. Staff. 

P. H. Bell 'IiispiK'tor General. Statr. 

Jacob Snively Pay Master General. Staff. 

Wm. L. Ca:<:eneau Commissary Gen[cra]l of Subsistence. Staff. 

P. B. Dexter ; Lieutenant Colonel. Staff. 

B. H. Johnson :Ass[istan]t Adj[utan]t General. Staff. 

W. H. Danijerlield 'Commissary of Purchases. StatT. 

B. B. Sturses 'Pay Master. Staff. 

II. Landers Commissary of Subsistence. Staff. 

Wm. R. Smith Sirgoou General. Medical Staff. 

T. P. Anderson Surjjeon. 31cdical Stall'. 

Shields Booker Suru-eon. M^dica! Statu 

Edmund Tucker Sunroon. Medical Staff. 

Rich[arjd Cochron — _ Assis[tuu]t Sur.^^eon. Medical Staff. 

G. T. Howard Captain First Reg[iraen]t Infantry. 

B(;nj[au!i]n V. Gillon 

-M. B. Skorctt 

G. F. Lawrence ; " " 

G. W. Mon,'an.-_. __i 

J. P. B. January i } 

J. C. P. Kenneyraore ' " " 

P. J. rillnn'i 

Mattliew Caldwell 

Sam B. Carson First Lieutenant " 

D. C. OiTdrn. ; 

Kdu-[ar]d Tlmmpson ' " " 

U. M. Duunington i " " 

J. Weihl : 

R. S. NViu'iibors : ; 

>Lartin 3Ioraii : " " 

Wm. D. Ilouq-hton. ; 

H. L. <".nis!\ Second Lieutenant" 

Daniel Teui-i '■ " " 

C. ii. Ilornsby 

J. M. Al.wanderj .-^ " " 

A. H. Scott 

Matthe\r McGovern ., " " 



Date of 


appoint- 


ment. 


183S 


. 


Jan. 


80 


Jan. 


30 


Oct. 


•25 


Jan. 


30 


Mar. 


23 


Oct. 


25 


Jan. 


30 


Jan. 


30 


Mar. 


23 


Jan. 


30 


Jan. 


30 


July 


20 


July 


30 


July 


30 


April 


C 


April 


6 


Jan. 


23 


Jan. 


30 


Jan. 


30 


Jan. 


m 


Jan. 


oO 


Jan. 


30 


Feb. 


15 


Mar. 


21 


Mar. 


23 


Jan. 


30 


Jan. 


30 


Jan. 


30 


Jan. 


30 


Jan. 


30 


Jan. 


30 


Jan. 


30 


Mar. 


23 


Jan. 


30 


Jan. 


30 


Jaa. 


30 


Feb. 


20 


Mar. 


2.n 


Nov. 


15 



(Signed) ]\Iirabcaii B. Lamar. 



Republic of Texas 137 

On motion by ^Ir. Everitt, the forec:oin2: communications were laid 
on the table for consideration. 
The doors were then reopened. 

Algernon Thompson' 
Assistant Secretary- 



Senate Chamber, Secret Session. 
20th Nov. 1839. 
A communication from the Executive containing the following 
nominations of Naval Officers appointed during the recess was read a 
first time and laid on the table for consideration. 
Post Captain Edwin W. i\Ioore 
Commanders John G. Tod 

John T. K. Lothrop 
George Wheelright 
A. C. Hinton 
Lieutenants Francis B. Wright 
E. C. Kennedy 
W. R. Postell 
Thruston IL Taylor 
George G. Marion 
Edward A. Harrison 
George Henderson 
William S. Williamson 
George W. Estes 
James E. Gibbons 
Jas O'Shaunessy 
Alexander C. Blount 
A. Moore 
J. D. Johnson 
S. S. Shipley 
Fabrius Stanley 
George C. Battlett 
Fred [eric] k C. Ward 
Collins 
Bassiers 

T. M. :\rix 

Surgeons Isaac D. Kniiiht 

Rich[ar]d H. Leech 
J. B. Gardiner 
Fletcher Dorey 

'The proceedings of most sessions in copy B close with the signature of 
Algernon Thomp-'^on, Assistant Secretary. The sij^nature will not be re- 
peated. 



138 



Secret Joukxals of the Senate 



Ass[istan]t Surgeon Francis Lambert 
Pursers Norman Ilurd 
J. F. Stephens 
Fleming^ T. Wells 
William F. Maury 
A. K. Darker 
David Kerr 
Robert Oliver 
Sailing Masters Daniel Lloyd 

John H Barker 
Charles H. Woodland 
John Appleman 
Midshipmen Charles B. Snow 
Alfred A. Waite 
Cyrus Cummings 
Do^vning II. Crisp 
William Oliver 
Charles F. Fuller 
Littleton Bennett 
Daniel C. Wilber 
Henry A. Cobb 
Walter A. NicoF- 
Josiah Iloyle 
Judson A. Rowe 
Zacharia Forrest 
Robert Clements 
John J\. Titcomb 
Charles B. Underhill 
Wm. J. D. Pierpont 
Cornelius Cox 
Wm. A. Tennison 
^I. H. Dearborn 
James L. Maybry 
Orlando Ware 
Charles J. Arenmbal' 
Francis B. Webb 
E. B. Harrington 
W. W. McFarlane 
C. S. Betts 
William E. Glenn 
James ^I. Bradv 



'Copy A has Francis T. 
•Copy A has Nichol. 
"Copy A has Arcbambai. 



Wells. 



• Republic of Texas 139 

Stoneall 
Thos. P. Conway 
J. A. Forrest 
Alfred Walk 
James M. Wheeler 
Jas. J. Lewis 
R. T. Halstead 
J. C. Bronougli-^ 
Charles Gould 
John F. Barnard 
Matthew R. Kintzing 
Armstrono; J, Lewis 
J. "W. C. Parker 
F. B. ]\[cNeill 
George H. Bell 
Navy Agent Wm. T. Branniim 
■ Naval Store Keeper Nathan Smith 

Signed Mirabeau B. Lamar. 

On motion of Mr. Everitt. the Senate then took up the Civil nom- 
inations made to the Senate on the 18th November 1839. Of which 
the following were confirmed and the remainder laid on the table for 
further consideration. 

James Webb Attorney General 

Charles Mason First Auditor , 

Joseph P. Brown Consul at Key West 

Walter Smith Consul at Mobile 

T. A. Dexter Consul at Boston 

David Holt Notary Publick Brazoria County 

Geo. A. Patillo Notary Public Jefferson County 

Wm. Myers Notary Publick Jasper County 

J. S. Evans Notary Publick Galveston County 

H. W. Sudduth Notary Publick Jasper County 

F. W. Oiiden District Attorney First Judicial District. 

John R. Reid District Attorney Second Judicial District 

Of the foregoing confirmations, the vote on that of John S. Evans 
stood thus: In the affirmative, }ilessrs. Biu-nct, Burton, Everitt, Ken- 
drick, Lester and Stroud. Six. In the negative, ^lessrs. Dunn, Greer, 
Jones of Austin. Jones of Brazoria, Moore and Seguin. Six. The 
Vice President voted in the affirmative. 

The others were confirmed by a unanimous vote. 

*Copy A has Broughnan. 



140 Secret Journ.vls of the Senate 

The seal of secrecy was taken off, with regard to the confirmations 
made. 

On motion of Mr. Jones of Brazoria, the doors were then reopened.* 



Senate Chamber, Secret Session 
21st Nov. 1839. 

The doors being closed, the nomination of David Sample as Com- 
missioner to nin the boundary line between this country and the 
United States, was taken up, on motion by Mr. EveritL 

Mr. Everitt moved that the nomination of ISlr. Sample' be con- 
firmed; the question being put those who voted in the affirmative 
were Messrs. Barnet. Burton, Ellis, Everitt, Kendrick and Stroud. 
Six. In the negative. ]\ressrs. Dunn, Greer, Jones of Austin, Jones 
of Brazoria, Lester, ]\[oore and Seguin. Seven. So the nomination 
was rejected. 

The Secretary of the Senate was instructed to inform the Presi- 
dent of the Republiok of said rejection. 

The doors were then reopened. 

The doors being again closed, the following communication from 
the Executive was read a first time and, on motion of Mr. Kendrick, 
laid tm the table for consideration. 

Executive Department 
20th November 1839'. 
To the Honorable Senate 
Gentlemen 
I have the honor to present the following appointments to the 
consideration of the Senate — to wit. 

George AT. Adams, Notary Public, Harrisburg County. 
Charles De ^lor.se. Stock Commissioner. 
H. B. King, Chief Justice j^.lilam County 
Jas. M. Brown, Chief Justice Jackson County. 
Robert Johnson. Chief Justice Galveston County. 

Mirabeau B. Lamar. 

In addition to the above, the President would nominate Henry 
"Wise Farley as Chief Justice of Liberty County in the place of 
Hugli B Johnson resigned, whose name was presented on the 18th 
inst[ant] and as yt^t not acted on by the Senate. 

Mirabeau B. Lamar. 

20th Nov. 1839. 

*See Note 3 above. 

•See Note 2 above. ' 



Republic of Texas 141 

Oil motion by ^Ir. Kondrirk. the doors were then reopened.' 



Jn Senate, Secret Session. 

23 Nov. 1839. 
The following- comniunieatiou from the Executive was read to 
the Senate : 

Executive Department 
23rd November 1839^ 
To the Hon[orablel 
The Senate 

Gentlemen 
The Executive nominates P. B. Dexter as a suitable person to run 
and establish the line between this Republic and the United States, 
in the place of David Sample rejected by the Senate. 

Mirabean B. Lamar. 

Mr. Everitt moved that the nomination be taken up and acted 
upon at once. But as the vote in favour of this motion was not 
unanimous, the nomination was ordered to lie on the table till Mon- 
day. 

The Secretary then read the followinor Executive message: 

Executive Department 
Austin 23 November 1839. 
To the non[ora]ble. 

The Senate, 
Gentlemen, 

Having, some time since, received information, from unofficial 
sources, that the business of the Custom House at Galveston was 
conducted in a loose and unsatisfactory manner, I directed the Sec- 
retary of the Treasury to appoint an a'-i'ent, to examine into the 
affairs of that Office and to report upon its condition. The re- 
port of the Agent has just been received, and it appearing that the 
duties of that office have not been performed with that efficiency 
and due r(^gard to the publick interest which we have a right to ex- 
act in stations so responsible and important, 1 am constrained by 
a sense of duty to the country to supercede the collector and 
place some person in his otTice who may be more attenti^'e and more 
viuilant in the disrluirge of the duties required of him. 

I therefore nominate Aldin A. ]M. Jackson as Collector of cus- 
toms for the port and disti'ict of Galveston in the place of Willis Rob- 

'See Note 3 nbove. 
•See Note 2 above. 



142 Secret Jouknals of the Senate 

erts reuioved, and would respt('tt!ully solicit tlie Senate's early at- 
tention to the same, as it is desirable that the contemplated 
change be etl'eeted without delay. 

Mirabeau B. Lamar. 

Mr. Everitt moved a suspension of the rules, but the vote not 
beinji' unanimous for the motion, the nomination was ordered to lie 
upon the table till Monday. 

On motion by I\Ir. Greer, the nomination of K. L. Anderson, Col- 
lector of Customs for the District of San Augustine, was taken up 
and confirmed by a unanimous vote of the Senate. 

The doors were then reopened." 



Secret Session 
[25th Nov. 1839.] 

The nui.iinatiun of P. B. Dexter as Commisioner to run the Bound- 
ary line between the United States and the Repul)lick of Texas. 

Mr. Jones of Austin moved that the nomination be laid on the 
table and that the President be informed of the objections to H. 
The ayes and noes being called for on the motion, those who voted 
in the affirmative were Messrs. Barnet, Jones of Austin, Lester and 
Moore. Four. Messrs. Burton, Dunn, Ellis. Everitt, Greer, Jones 
of Brazoria, Kendrick, Seguin and Stroud voted in the negative. 
Nine. So the motion of Mr. Jones was lost. 

The question was then put "Does the Senate advise and consent 
to the nomination?" The ayes and noes stood thus: Ayes, Jones 
of Brazoria, Lester, ]\Ioore and Seguin. Four. Noes, Messrs. Bar- 
net, Burton. Dunn, Ellis, Everitt, Greer, Jones of Austin, Kendrick 
and Stroud. Nine. So the nomination was rejected. • 

The nomination of Aldin A. M. Jackson was then taken up, and 
on motion by Mr. Burton, laid on the table. 

The Secretary- was instructed to hand to the printer a list of the 
nominations (Mjnfirmed. 

On motion ])y ^Mr. Burton, the nomination of Richard G. Dunlap, 
as Minister t(i the United States, was then taken up. On the ques- 
tion "does the Senate advise and consent to the nomination-?" be- 
ing put, those who voted in the affirmative were ^lessrs. Ellis, Greer, 
Lester and Stroud. Four. In the negative, Messrs. Barnet. Burton, 
Dunn, Everitt. Jones of Austin, Kendrick, ]\[oore and Seguin. 
Eight. So the nomination was rejected. 

On motion by ^Ir. Everitt, the nominations of G. W. Smyth as 

'See Note 3 above. 



Eepublic of Texas 143 

Surveyor to run the Boundary line, and Hamilton P. Bee, Clerk to 
the Commissioner, were unanimously confirmed. 

On motion by ]\Ir. Everitt. the nominations of Timri W. Eddy as 
Notary Publick of Jasper county and Gwynn Morrison as Notary 
Publick of Montgomery county, were confirmed by a unanimous 
vote. 

On. motion by 'Mr. Dunn, the nomination of William Byrne as 
Notary Publick of Refugio county was unanimously confirmed. 

On motion by ^Ir. ]\Ioore. the nomination of G. W. Adams as 
Notary Publick of Ilarrisburg county was unanimously confirmed. 

Mr. Burton moved that Charles S. Taylor be confirmed in the ap- 
pointment of District Attorney of the fifth Judicial District. Those 
who voted in the affirmative were ^Messrs. Burton, Ellis, Jones of 
Austin, Jones of Brazoria. Kendrick and Seg'uin. Six. In the neg- 
ative, Messrs. Baruet, Dunn, Everitt, Greer, Lester, Moore and 
Stroud. Seven. So the nomination was rejected. 

On the ciuostion ''Does the Senate advise and consent to the 
nomination of John D. Swaim Collector of Customs of Sabine?" On 
motion by Mr. Jones of Austin, the nomination was laid ion 
the table. 

On motion by Mr. Barnet, the injunction of secrecy was re- 
moved so far as regards the confirmations or rejections of appoint- 
ments. 

On motion of IVIr. Burton, the doors were then reopened.^ 



Secret Session. 
27th Nov. 1839. 

The doors being closed the Secretary read the following com- 
munication from the Executive. 

Executive Department 
To the Hon[orable] . 27th November 1839^ 

The Senate 
Gentlemen 

Having understood from ^Ir. Jackson that he will not accept the 
appointment of Collector of Galvezlon in consequence of his having 
acted as Agent to investigate tlie affairs of said office, I nuist there- 
fore beg leave of the Senate to withdraw the nomination. 

I nominate to the Senate ]\remucan Hunt as Commisioner to run 

and fix the boundary line between Texas and the United States, in 

the place of David Sapiple rejected. 

Mirabeau B. Lamar. 
•See Note 3 above. 
*See Note 2 above. 



(f 



14-1: Secret Journals of the Senate 

On motion by ]Mr. Everitt, tlie Executive was permitted to with- 
draw the nomination of Aldin A. M. Jackson. 

On motion by ^Ir. Everitt, the rules were suspended and the 
nomination of aNFemncan PTunt taken into consideration. On the 
question, "does the Senate advise and consent to the nomination?" 
those who voted in the atHrinative were Messrs. Barnet, Burton, 
Dunn, Everitt, Greer. Jones of Austin, Kendrick, Lester, Moore 
and Stroud. Ten. In the ne^rative, Messrs Jones of Brazoria and 
Seguin. Two. So the nomination was confirmed. 

On motion of Mr. Everitt, the vote on the nomination, of Charles 
S. Taylor as District Attorney of the Fifth Judicial District, was 
reconsidered. The question was put "does the Senate advise and 
consent to the nomination of Charles S. Taylor?" Mr. Everitt was 
excused from votin^^- on this question. Those who voted in the af- 
firmative were Messrs. Burton, Jones of Austin, Jones of Brazoria, 
Kendi'ick and Seguin. Five, In the negative, ^lessrs. Barnet, Dunn, 
Greer. Lester. Muore and Stroud. Six. So the nominaton was re- 
jected. 

On motion by ]Mr. Moore, the doors were then reopened, the s'eal of 
secrecy, as far as the confirmations and rejections made, having been 
removed.^ 



In Senate, Secret Session. 

29th Nov. 1839 

The doors being closed, on motion by Mr. Jones of Brazoria, the 
Senate proceeded to the election of Judges to fill the vacancies in the 
First and Second Judicial Districts, occasioned,. the former by the 
death of Shelby Corzine, the latter by the resignation of Benjamin C. 
Franklin, for the unexpired term for which said Corzine and Franklin 
were elected. 

The nominations made for the First Judicial District were ^lessrs. 
Anthony B. Shelby and John 'M. Hansford. Those who voted for Mr. 
Shelby were Messrs. Barnet. Dunn, Everitt. Greer, Jones of Austin, 
Jones of Brazoria, Kendrick, Lester,- Moore and Se:ruin. Ten. Those 
who voted for ^Ir. Hansford were ^lessrs. Burton and Stroud. Two. 

The nominations made for the Second Judicial District were ]\ressrs. 
^\'m. Jefferson Jones and John Scott. Those who voted for ^Ir. Jones 
were ^Messrs. Barnet, Burton, Dunn, Everitt, Greer, Kendrick, Lester 
and Seguin. Eight. Those who voted for ^h\ Scott were IMessrs. Jones 
of xVustin, Jones of Brazoria, ^Moore and Stroud. Four. 

The doors were then reopened.' 

*See Note 3 above. 
-'Ibid. 



Republic of Texas 145 

In Senate, Secret Session. 
2 December 1839. 
The doors being closed, the following communication was read to 
the Senate. 

Executive Department 

2nd December 1839.« 
To the Hon[orable] Senate 

The .Executive presents to the consideration of the Senate the fol- 
lowing nominations, to wit : 

J. H. Winchell, Notary Public for the county of Bexar. 
John Hay den, and Joseph Moreland Notaries Public for the county 
of Bastrop. 

Mirabeau B. Lamar. 

which nominations were laid on the table for consideration. 
On motion by Mr. Evritt, the doors were then reopened.'^ 



Senate Chamber, Secret Session, 
6th Dec. 1839. 

The doors being closed, the Senate proceeded to ballot for publick 
printer. 

Those who voted for Messrs. Bonnell & Cruger were Messrs. Barnet, 
Burton, Dunn, Lester and Seguin. Five. For Sam[ue]l Wliiting, 
Messrs. Everitt, Jones of Austin, Kendrick and Stroud. Five. 

The doors were then reopened. 

3 o'clock P.M. 

The doors being closed. The follo^^'ing nominations were made for 
publick printer and transmitted to the IToiise of Representatives. 

By Mr. Jones of Brazoria R. L. "Weir 

By ^Ir. Jones of Austin R. j\L TVilliamson 

By J\Ir. Stroud ° J. "W. J. Niles 

The Senate then proceeded to ballot for publick printer 

Messrs. Barnet, Burton, Dunn, Lester and Seguin voted for Bonnell 
& Cruger. Five. 

Messrs. Everitt, Greer, Jones of Austin voted for Sam TTLiiting. 
.Three. 

Messrs. Jones of Brazoria and Kendrick voted for R. L.Wcir. Two. 

Mr. Stroud voted for Xiles. One. 

On motion by IMr' Jones of Austin, the doors were then reopened/'^ 

*See note 2 above. 
'See Note 3 above. 
''Ibid. 



146 Secret Journals of the Senate 

In Senate, Secret Session. 

7th Dec. 1839. 

On motion by ^Iv. Burton, the nominations of Notaries Publick for 

the connty of Bastrop were taken up, and the Senate unanimously 

ad\nsed and consented to the following nominations : 

John Hayden jx^taries Publielc. Bastrop County. 

Joseph ^loreland j 

The civil nominations lying on tlie table were then taken into con- 
sideration. 

Jas n. Starr to be Secretary of the Treasury. 

On motion by ^Ir. Burton laid on the table. 

On motion by ]\Ir. Seguin. the following nomination was unanimously 
confirmed. 

J. II. Winchell, Notary Publick Bexar County. 
The doors were then reopened.- 



Secret Session. 
9th Dec. 1839. 
The doors being closed the following communication was read: 

Executive Department 

10th December 1839.» 
To the Ilon[oral)iej the Senate 
Gentlemen. 
I nominate Edwin Waller for the office of Post Master General and 
respectfully ask the Senate's confirmation. 

Mirabeau B. Lamar. 

which nomination was laid on the table and, on motion by Mr. Everitt, 
[was] made the special order of the day for to-morrow 

On motion by ^h\ ^^loore. the nominations of Naval officers were 
then taken into consideration, but before they were acted upon, Mr. 
Moore obtained leave to withdraw his motion. 

■Mr. Jones of Brazoria moved that, as no law exists authorizing the 
appointment of Naval Otfi'-ers, the several nominations be returned to 
the President, until Congress shall have taken action on the sub- 
ject which was read first time and laid on the table. 

On motion the doors were then reopened. ^"^ 

'See note 'S above. 
*See note 2 above. 
'"See Note 3 above. 



Republic of Texas 147 

Secret Session, 
10th Dec. 1839. 
The Senate received the following communication of the Executive, 
which was read by the Secretary. 

Executive Department 

10th December 1839. ''^ 
To the ITon[oiablej the Senate 
Gentlemen 
Anxious to avail myself of the services of a man so eminently 
qualified for the discharge of the duties of Collector of Customs 
for the port of Galvezton as Alden A. ^I. Jackson. I have pre- 
vailed upon him to waive the objections which he has heretofore had 
to accepting the situation; and it is with pleasure I now nominate him 
to said office and respectfully solicit the Senate's confirmation. 

Mirabeau B. Lamar. 

On motion by 'Mv. Kcudrick, the rules were suspended, and the 
nomination acted upon. .Those who voted for the nomination were 
Messrs. Barnet, Burton, Everitt, Greer, Kendrick, Lester, ]Moore and 
Stroud. Eight. Those who voted against it were ^Messrs. Dunn, Jones 
of Austin, Jones of Brazoria and Segxiin. Four. So the Senate ad\^sed 
and consented to the nomination. 

• The Senate then took into consideration the nomination of Edwin 
'Waller. Those who voted in the affirmative were Messrs. Burton, 
Everitt, Jones of Brazoria. Kendrick. Lester and Moore Six. In the 
negative, ^Messrs. Barnet, Dunn, Greer, Jones of Austin, Seguin and 
Stroud. Six. The Vice President voted in the affirmative. So the 
Senate advised and consented to the nomination. 

j\Ir. Seguin moved that the injunction of secrecy be removed in toto 
from this days proceedings, which motion was lost. 

j\rr. Greer moved that the seal of secrecy be removed from the pro- 
ceedings on the nomination of Post blaster General so far as relates 
to the result and that the ayes and noes be published. Those who 
voted for the motion were ]\[essrs. Barnet, Dunn, Greer, Jones of 
Austin, Jones of Brazoria and Stroud. Six. Against it, ^[essrs. Burton. 
Everitt, Kendrick. Lester, Moore and Seguin. Six. The Vice President 
voted in the affirmative. 

On motion by Mr. Moore, each membei- was permitted to divulge 
his reasons for his vote. 

I'he d<j<>rs \\<.*re then reopened.^ ^ 

"See note 2 above. 
^'See Note 3 above. 



14S Secret JuukXxU>s of tue Senate 

In Senate Secret Session 
12tli^^ rec. lS:jn 

On motion by Dr. Moore the nomination of James H Starr to be 
Sec[retar]y of the Treasury Avas taken into consideration and unan- 
imously advised and consented to 

On motion by ]Mr. Everitt the nomination of John D Swain to be 
Collector of the Customs for the district of Sabine was taken up and 
unanimously advised and consented to. 

On motion by ^Ir. ^loore the nomination of ]\lusgrove Evans was 
taken into consideration. Those who voted for its confirmation were 
Messrs. Dunn, Burton, Everitt, Greer, Jones of A[ustin], Jones of 
B[razori]a, Kendrick, Lester, Moore and Stroud Ten For its rejec- 
tion Barnet and' Seguin 2. So the nomination was advised and con- 
sented to 

.The following cummuni cations were read to the Senate and on 
motion by Mr. Jones of B[razori]a referred to the Committee on 
Foreign relations 

Executive Chamber 
December 10th 1839^- 
Gentlemen of the Senate 

and House of Representatives, 

Believing that no event within the compass of human agency 
Tvould more directly conduce to the permanent happiness and pros- 
perity of Texas, than an honorable peace with Mexico, our late ]\Iother 
Countr}", I have thought it expedient, as is intimated in my annual 
message, to present to the ^Mexican Government some formal and 
tangible overtures by which the dispositions of that Government 
might be clearly and definitely ascertained. 

Fully sensible that ^Mexico like other nations, and even to an extra- 
ordinary degree, was prompted or restrained in all her policy by a 
pertinacious spirit of national pride, I conceived it not at all incom- 
patible with the true dignity and the chivalrous character of Texas 
to offer to her acceptance the olive branch while we were sedulously 
perfecting and concentrating our effective means for the prosecution, 
should it become necessary, of an active and viaoi-ous war. For this 
purpose I despatched the Honorable Barnard E. Bee to the Mexican 
coast in the month of February last. lie proceeded to Vera Cruz, but 
owing as he i)elieved in a great measure to the distracted and unsettled 
condition of the Mexican Government at the period of his arrival, he 
was denied access to tlieir chief authorities and constrained to return 
without at that moment having accomplished any part of his mission; 

"The journal of the proceedings of December 12th are mussing from copy B. 
'•See note 2 above. 



Eepublic of Texas 149 

he however received an intimation after his return that the Govern- 
ment would hear his propositions, but as the United States had offered 
its mediation between the two countries, he then considered it the 
better policy to renew the subject at Washington instead of again pro- 
ceeding to Vera Cruz. 

Subsequent to this repulse, which was in itself attended with other 
circumstances well calculated to assuaue any feelings of resentment 
which such a result might otherwise superinduce, I was apprised from 
secret sources that a similar overture made in greater privacy, would 
probably be more eli'ectual and receive a more respectful notice. 
Conscious that a brave and victorious people can never lose character 
by manifesting a sincere desire for peace, which is the happiest con- 
dition of society, I was willing to waive the little ceremonials which 
surround a factitious dignity, autl to repeat to the 2^rexi('an authorities, 
in their own favorite mode, that Texas was desirous of a reconciliation 
on terms honorable to herself and just toward her ememy. 

To this end I was induf-ed in the month of August last to avail 

myself of the services of a gentleman of high 

character for intelligence, probity and firmness, and one who is in- 
tunately acquainted with ^Mexico and Mexicans, their institutions, 
habits and modes of thinking. I deem it prudent to retain that gen- 
tleman 's name from comuuuiication even to the honorable Congress, 
for the divulging of it might by possibility not only jeopardize the 
success of his mission, but compromit his personal safety. 

The accompanying documents, coraprisino- instructions that have 
been furnished to Col[onel] Bee and to the confidential agent, will 
convey to the Congress all the additional information necessary to be 
imparted, and I have only to reiterate that in my apprehension there 
is no event that can transpire in the prospective concerns of Texas 
which involves more fully her happiness and prosperity than that of 
an honorable and just peace with ^lexico. The compensation pro- 
posed to be made for the relinquislinient of ail her chiims to the ter- 
ritory designated in the instruction is comparatively a trifle, esti- 
mating either the intrinsic value of that territory or the incidental 
advantages that must result to Texas from the speedy restoration of 
peace, and from the commercial intercourse that will en^^ue between 
the two countries. The accession which will result to our revenues 
from a reciprocal trade with ^Mexico, will soon remunerate to this 
Government all the expenses of the treaty: while the accelerated im- 
inicrration. the mori^ rapid and uiieml)arrt^ss(Ml development of onr 
manifold resources and the coincident increase of our national wealth. 



ll—T.ib. 



150 Secret Journals of the Senate 

will far transcend any temporary inconvenience to which the fnian- 
cial stipulation in the proposed treaty may subject us. 

Mirabeau B. Lamar. 

Accompanyiu'4 the foreuoing- doeument are three Documents viz 
Letter of instructions to Af::ent to Mexico 

Extracts from instruetious to tlie Hon[ora]b]e R G Dunlap Min- 
ister to the U[nited] Sftates]^- 

Instructions to the Hon[oralble B E Bee ^Minister to i\[exico, 
all of which are filed in the Senate's archives. 

Instructions to Bee 

Department of State 
Houston, 20th Feby 1839^' 
Hon[orabIej Barnard E. Bee, 
Sir, 

The President, anxious to effect a settlement of the existing dif- 
ferences with ^lexico, and to restore peace and harmony, has ap- 
pointed you ^Minister Plenipotentiary of the Republic of Texas, near 
the Government of that Country. I have therefore the honor to hand 
you your Commission and Credentials as such, and to express to you 
his wish that you will proceed with as little delay as possible, by the 
most convenient rout to Vera Cruz, or such other point as you may 
deem best, for making known to that Government, the objects of your 
Mission. 

As this is the first attempt on the part of Texas to establish diplo- 
matic relations with ^Mexico, it will be necessary to approach the 
subject with great caution and circumspection. I would suggest the 
propriety of your stopping in the first instance at Vera Cruz. 
Tampico, or such oth^r point as you may select, and forwardinir 
thence to the Government, a concise statement of the objects of your 
Mission, and respectfully, ask to be received for the purpose of ex- 
hibiting your Authority, and making known more fully the wishes of 
the President. This however, is a mere suggestion, and not intended 
to control you in the course to be pursued, should circumstances in 
your judgment offer a better one. 

It is hardly to be expected that you will be formally received as 
^linister Plenipotentiary of tliis R(^publie. untill a treaty of peace has 
been made, luid the Independence of the Country aeloiowledged. In- 
deed, such a reception would be in itself an acknowledgement of our 

"The instructions to R. G. Dunlap are printed in full in darrison. Diplo- 
matic Correspondence of tfie RcpxhUc of Texaf. Part t, pp. 3GS-o78. 

''The copy of the instructions here printorl was made from the oricjinaJ 
draft. A. D. S. in Correspondence Relatirie: to .Mc^xico. Texas State Li- 
brary. 



Republic of Texas 151* 

legitimate existeuce as a Xation, and a virtual reL'O'j-nitioii of our In- 
dependence; And as tliat is more than we can look, or even hope for, 
untill attained by negotiation, you will, in the event of a refusal to re- 
ceive you as .Minister, make yonr propositions as the Aii'ent of this 
GoveiTiment; and to enable yon to do so, separate Credentials for this 
purpose are furnished you. Indeed, it mav be better not to make 
known your higher functions until! you have sounded your way as 
agent, and ascertained whether or not, they will be disposed to treat 
with you in either capacity; but in this, as in all other matters pre- 
liminary to enterinc: upon your nego[tia]tions, you wUl be giudecl by 
your own judi-inent and discretion. 

Your powers as As^-ent are plenary, and under them you are fully 
authoriz'^'l to nea-otiate for peace, and to form and sign a treaty 
securinLT it. but in making such treaty, you will require the uncon- 
ditional recognition of the Independence of Texas, and will admit no 
limits less than those prescribed by the Act of Congress, entitled 
*'An Ao1 to dr'finf> the boundaries of the Repul)lic of Texas" ap- 
proved 19th December 1836, a copy of which is herewith furnished 
you.^"* 

These two last points you will regard as a sine qua non to any per- 
manent treaty with ^lexico ; but if you find that it will aid you in 
the ultimate accomplishment of your objects, to negotiate a treaty 
of peace and recognition in the first instance, leaving the question of 
boundary to be subsequently settled in a general treaty of Amity, 
Limits, Commerce. Na\Tgation and intercourse, you are at liberty 
to form such a treaty, but in doing so, you must be careful that 
nothing appears in it which could by any possibility be construed 
into an intention on the part of this Government, to yield any por- 
tion of the Territory claimed by the Act of Congress to w^hich I 
have already refer [re] d you. 

In negotiating a treaty, having for its immediate objects nothing 
farther than trie restornti(ui of peace and the recognition of our 
Independence, it will be better if it can be done, consistent with the 
claims of this Government, to define the limits at once; as by doing 
so, you will avoid much embarrassment and discussion in your 
future negotiations of a general treaty; you will therefore urge the 
sub;p(!t as far as you ^an, without involving tlie risk of breaking 
off your present negotiations, and interrupting your future inter- 
course with the Government. • 

Should ^Texico express a willingness to establish peace, and recog- 
nize the Independence of Texas to the extent of her oriirinal boundaries 
when forminijr a part of the Mexican Confederacy, but peremp- 

"This act is printed iu Gaiiimel, LiUCH of Tt\ias, I 119o-4. 



152 Sfx'Rkt Journals of thf-: Senatp: 

• 
torily rofiiso to ndmit our clfiims to the ontire territory embraced 
within the limits defined by the Act of Congress,, you may propose 
a compromise by negotintinc: for the purchase of all that portion 
of it Avhich is not within the orici'iual boundaries, at a stipulated 
price ; but the sum to be thus stipulated for it, must not exceed five 
millions of dollars, and that sum must be made payable in not less 
than five equal annual instahnents; tlie first instalment to be made 
payable in one year after the exchanu'e of the ratifications of the 
treaty. 

The five millions will be the ultimatum of your propositions for 
the purchase, and you will of coiu^se commence your negotiations 
with propositions of a much less sum, and payable at longer periods, 
but should you succeed in effecting the purchase for a sum not ex- 
ceeding two millions of dollars, you may, if you find it necessary, 
stipulate that the whole of that sum shall be paid in one year after 
the exchange of ratifications. 

It is understod that Gen [era] 1 Santa Anna is again at the head 
of the Mexican Nation, and if so, this must be a pro-pitious moment 
for the commencement of your negotiations. By a secret aciTeeraent 
made between him and the Cabinet of this Republic, at Yelasco. on 
the 14 [th] of ^lay 1836, he promised that he would not take up 
arms himself, nor cause them to be taken up against the people of 
Texas during the "War of Independence; that he would prepare 
the Cabinet of IMexico for the favorable reception of a Minister, 
through wdiose negotiations all dif^'erences might be settled, and 
the Independence of the Country acknowledged: and that a treaty 
of Commerce. Amity, and limits should be established between 
the two Countries, the limits of Texas not to extend beyond the Eio 
Bravo del Norte. 

This agreement stipulates for all that we ask, and as Gen feral] 
Santa Anna has once pledged himself to use his influence to carry it 
into effect, it is believed that it may be rendered very available by 
you,^^"' in the event of your finding him at the head of the ^Mexican 
Government. You are therefore furnished with a copy of it."^" 

It is true, that the stipulation in this agreement, to send Gen [era]! 
Santa Anna at once to Vera Cruz, was not literally fulfdled on the 
part of the T\^xan Government, at that time : and this may bo 
urged as a reason for- absolving him from the moral obligations 
which it implies; but the causes of the non-fulfilment of that stipu- 

'•^It will be recalled that Rariiarti K. Bee accompanied Santa Anna out 
of Texas to the City ot Washinston in 1836. See pa.i?e 2S above. 

"^Both the public and secret treaties;, entered into by David G. Burnet 
and Santa Anna, on May 14, ISMG, are printed in the Journals of the House 
of Rrprt'st'ntatives of the HepubJic of Texas, 1 Cong.. 1 sesa., pp. lM-26. 



Republic of Texas 153 

latioii are well known to you, and to him. nnd as tliey involved uo 
want of faith on the part of this ({ovcrninent, but were forced upon 
it by tile uncontrolable circunistanees, the moral force of the agree- 
ment is left wholly unimpaired; and more especially, as it was com- 
plied with and enforced, as soon as it could be done consistently 
with the personal safety of Gen [era]! Santa Anna. He was subse- 
quently set at liberty, and sent out of the Country, in virtue of this 
very agreement, and in the only way which Avas deemed safe to 
himself, and conducive to the accomplishment of the objects contem- 
plated by it. 

It is not contended by this Government that the agreement 
made with Gen [era] 1 Santa Anna, while in this Country and a 
prisoner of war. is U'/dUy binding on the Mexican Government; 
but it is a well established principle of the law of Nations that the 
person who makes promises under circumstances similar to those 
in Avhich the President of the ^Mexican Republic was placed while 
here, is afterwards bound to use his influence in causing those 
promises to be respected by his Government ; and that tiie Govern- 
ment itself is bound to make many sacrifices rather than permit 
them to be violated. This principle of the law of Nations may 
be useful to you in your negotiations, and I therefore refer you 
in support of it to Vattel and other writers on international law. 

Besides, in asking for the fulfilment of the sti{)ulations of this 
agreement, we do not believe that we are recjuirinti' any sacrifices 
on the part of the ]\Iexican Governuuuit which will not be more 
than made up to that country by the advanta£res which will result 
from the establishment of peace and a friendly intercourse be- 
tween the two nations. Apart from all the obligations which it 
imposed, there are weighty reasons for the acknowledgment of tlie 
independence of Texas by ^Mexico, and for the forming a general 
treaty of Anuty, Commerce. Navigation and intercourse between 
the two countries, and these reasons may be urged with peculiar 
force in your negotiations. Among them are: First. The entire 
dissimilarity in education, habits, manners, disposition and pur- 
suits of the Inhabitants of the two countries, and the utter impos- 
sibility of their ever assimilating' and moving harnu)niously to- 
gether, if they were again united. 

Secondly, The total incompatil)ility of ideas entertained bj" the 
people of the two Republics as to the pecnliar forms of Govern- 
ment best adapted t.o the wants and rights of ^lan. 

Thirdly. The conflicts which must inevitably <]rrow (uit of this 
incompatibility of sentiment, and the injnrit\s which would result 
from them it* the Anglo Saxon race now inhabiting Texas should 



15-1: Secret Journals of the Senate 

be again commiugled under the same form of Government with 
the Spanish race in I\[exico. 

Fourthly, The inconvenience and worthlessness of Texas to 
Mexico on account of its remoteness from her Seat of Government, 
and the main body of her population; and also on account of its 
contiguity to the United States oC the North, where, in any state 
of things, most of its intercourse must necessarily tend. 

Fifthly, The difficulties which Mexico would always experience 
in keeping the Indians bordering on Texas in check at so great 
a distance from them. 

Sixthly, The advantages which would necessarily result to both 
countries from a friendly intercourse and traffick, conducted in the 
spirit of reciprocal kiuduess and liarmony, and 

Seventhly, The disposition which Texas has manifested since 
the battle of San Jacinto to rely upon friendly negotiations for 
the settlement of her differences with ]\[exico, rather than a fur- 
ther resort to war. and the confidence VvTiich she has reposed in 
the promises of Gen [era] 1 Santa Anna, made shortly after that 
battle. 

Had Texas been disposed to further hostilities w4th Mexico, she 
has had a most inviting opportunity for invading that country 
during the domestic conflicts by which it has been hari-assed on 
the one side, and the embarrassments produced by the French in- 
vasion on the other. This forbearance affords the strongest evi- 
dences of her desire for amity — a desire which nothing v/ill de- 
stroy but an evident attempt to do her injustice and wrong. 

These and other arguments which will suggest themselves to 
you may possibly be used with much effect in your conferences 
with the persons who may be selected to negotiate with you. 

The President, aware of the great importance it is to the pros- 
perity of this Country, that its differences with ^lexico should be 
adjusted and a permanent peace established as early as. possible, 
and not willing that any opportunity for the accomplishment of 
so desirable an object should be lost, has also furnished our Min- 
ister near the Government of the United States v/ith plenary pow- 
ers to treat for peace and Independence, with the ^lexican ^linis- 
ter at Washington, or with such other person as may be appointed 
to negotiate with him, should that Government be induced, through 
the mediation of the United States, to open a negotiation at that 
City. But the authority and instructions given to Gen [era] 1 Dunlap 
on this subject, are not intended in the slightest degree to impair 
the powers given to you, or to lessen the efforts which you are ex- 
pected to make in ^lexico. On the contrary, it is believed that the 



Republic of Texas 155 

double Mission will have a tendency to accellerate the attainment 
of this most desired object, and that he, by invokinir the mediatorial 
aid and intliienee of the United States, may materially benefit you in 
your negotiations. He is therefore instructed to keep you advised 
of all important matters Avhich may transpire at AVashington, in ref- 
erence to this subject, after lie shall have been informed of your of- 
ficial reception at ^Mexico. 

You will also freely communicate w^ith him respecting the affairs 
of your ^Mission, so that either may at all times be apprized of the 
course pursued by the other; and to prevent the subjects of your re- 
spective communications becoming known in the event of the mis- 
carriage of your despatches, you are each furnished with a corre- 
sponding .Cyplier, in which all letters of business will be written. 
You will also cause your despatches to this Government to be made 
out in the same Cypher. 

Knowing as little as we do of the real disposition of the Mexican 
Government in regard to this, or of its feelings in respect to the 
people of this Country, no positive instructions can be given you as 
to the performance of the various duties which may devolve upon 
you. The foregoing views are otfered more as suggestions to you 
than as positive mandates. The cardinal points of your ^Mission are 
the restoration of peace, the acknowledgment of the Independence 
of Texas, and the recognition of her limits as defined by the Act of 
Congress before refer [re] d to. All beyond this is left to your own 
judgment. You are well acquainted with the condition of this 
Countr3% its prospects, wishes, and expectations, and also of its 
ability to sustain itself in the event of a future contiict; and the 
President, relying much on your ability to conduct matters of so 
much delicacy and importance, refers its details to the exercise of 
your sound discretion, being Avell assured that the honor, reputation 
and interests of the nation will be safe in your hands. 

Wishing you all prosperity, individually and ofliciaily, and that 
entire success may crown your jMission 

I have the honor to be with great respect 
Your obedt. servt. 

James Webb 



156 Secret Journals of the Sexate 

Instniotions to Soci'ct Agent to ]\lexico. 

Dep[artmeii]t of State 

^ ^ ^ ^ Houston 9 Aus- [us] t [18] 39^= 

To James Treat Esq . l j i j 

Sir 

I am instructed by the President to inform you that in conformity 
^^-ith our late verbal understanding-, You are hereby constituted and 
appointed a private and confidential agent for the Government of 
Texas for the purpose of ascertaining the disposition of the govern- 
ment of ]\Iexieo in regard to a negociation of a peace between the 
two nations, and if practicable, to prepare the initiatory arrange- 
ments for such a negociation. 

To effect this object it will be necessary for you to repair with all 
convenient expedition to the City of IMexico. But as great privacy 
and circumspection are indispensible in all your preparatory move- 
ments, it will perhaps be advisable for you to return as far as Pen- 
sacola or even to New York and to embark for Vera Cruz from one of 
those ports. 

It is inevitable to the nature of your mission that great latitude 
should be given to the exercise of your own discretion in the ynodiis 
operandi, and in some minor matters of the negociation. The Presi- 
dent is happy in the confidence that that discretion will in all cases, 
be exercised with great soundness and intelligence and with an un- 
deviating regard to the interests and the honor of Texas: — that you 
will not sacrifice the one or compromit the other. There are other 
points of cardinal importance on which you will rigidly adhere to 
your instructions. Texas is sincerely desirous of peace; but that de- 
sire does not result from any apprehension of her ability to prose- 
cute a vigorous and successful war. The moment she ascertains that 
this second overture is re.jectod, she will feel it due to herself to try 
the efficacy of the utmost energies of the sword, in accomplishing 
that desirable ob.ject. And she cannot doubt that it will eventually 
be effected at a less cost of treasure than she is now willing to bestow 
in peaceable negociation and that the incidental expenditure of blood 
will be richly compensated in her acciuisitions of glory. 

The principal points in your negociation will be 

The boundary to be assig-ned to Texas and 

The consideration to be paid for that boundary. 

A full, unequivocal unconditional acknowledgment of the absolute 
Independence of Texas is a sine qua non, beyond and exclusive of 
which you will not discuss a single proposition. 

"'The copy oC the instructions here printed was made from the oric^inal 
draft. A. D. S. in Correspondence Relating to ^Mexico. Texas State Library. 



Republic of Texas 157 

The Kio Grande, alias Rio bravo del Norte is the natural boimdarv^ 
of Texas. It presents au obvious and well defined line of demarea- 
tion and. is admirably adapted to the prevention of future collisions 
between the two governments. You will therefore consider it a sine 
qua non in your ncLroeiation that the boundary line shall commence 
at the mouth of the Rio Grande, midway of its channel, and shall 
pursue the mid eharmel up that stream to its source, that is to the 
fountain head of its principal western branch and to run from that 
point a due north course to the line of the United States as estab- 
lished in the treaty of limits between the United States and INIexico 

on the .... day of and to pursue that line to the Pacific 

Ocean. This boundary aud nothing >hort of it, Texas is willing to 
accede to. 

Before submitting this ultimatum on the subject of a boundary 
line. You will feel the authorities of ]Mexieo in relation to a different 
division of territory. You may suggest to them a line commencing 
at the mouth of the Rio Grande, midway its channel — up that stream 
to the Paso del Xorte and from thence a due west line to the Gulf of 
California and along the Southern Shore of that Gulf to the Pacific 
Ocean. This boundary will not be strenuously insisted upon but may 
be intimated as a counterpoise to any extravagant expectations on 
the part of I\Iexico, and as a pre-monition to that government of the 
ultimate destination of that remote territory. 

Texas is willing to pay to ^Mexico a sum not exceeding live millions 
5,000,000 of dollars as a compensation for her relinquishment of all 
her claims public and private to the territory comprehended within 
the limits first above recited: but you are desired to employ all your 
means to reduce that maximum sum as much as possible. We con- 
sider three millions of dollars an adequate remuneration imder the 
circumstances and we proffer the extra two millions as an evidence of 
our appreciation of the mutual benefits that must result from the 
restoration of peace and a free intercourse between the two nations. 
You will carefully abstain from agreeing to furnish any given 
amount of Mexican bonds in the English market until it is clearly 
ascertained that those bonds can be purchased at or under the value 
you may put upon them in making up the aLrii'regate of the consid- 
eration as we are not disposed to incur any hazard incident to the stock 
markets of Great Britain, 

Should .vou therefore find it expedient to swoll the oiominal amount 
of the consideration by agreeing to pay a proportion of it in ^Eexican 
bonds it will not be diifieult, as the value of those bonds in the mar- 
ket is well known in Mexico, to stipulate for a sum founded on the 
known depreciation of those bonds as will assure to Texas no in- 



15S Secret Journals of the Senate 

creased expenditure from this branch of the negoeiation. In order to 
your more perfect advisement in this matter it will be proper for you 
to have early and frequent coinmunjcations with Geii[era]l Hamilton 
and -Mr. iJarnle}'", our Loan Commissioner in London. 

If it shall in your estimation become necessary to employ any con- 
siderable auioiuit 01 funds as secret service money, to forward your 
oj)erations, you may exercise your own i^ood discretion, but always 
bearing in mind that millions of dollars is the utmovt extent to 

which Texas is willing to become liable and that any monies so ap- 
propriated, must be abated from that sum and in no wise constitute 
a separate charge. Should it however become necessary for you to 
employ the Secret Service of particular agents in this ati'air you ^vill 
do so to an extent not exceeding one thousand dollars for which this 
government will be responsible to you. You will recollect in all cases 
that we rely with great confidence upon your discretion and good 
judgment 

I submit to you for your further government a copy of the instruc- 
tions given to the Hon[orablej B. E. Bee on his late Mission to Mex- 
ico in the prosecution of a similar object to that you have in view. 
Col[onel] Bee will be informed of your Mission and you are at lib- 
erty to communicate to him your progress from time to time. But 
in all events you will keep this department regularly and fully in- 
formed of your proceedings. 

With great consideration 

I am Your obt Servt 

David G Burnet 
Act [in] g Sec[retar]y of State 

Department of State 

rr J n^ \,i? Houston 19th Aucr[us]t [18] 39i« 

To James Ireat Esq ^ ^ 

Sir 

The instructions hastily communicated to you on the 9th inst[ant] 
were deficient and I hasten to impart to you the additional wishes of 
the President in relation to your interesting mission 

Should you receive a favorable notice in ^Mexico and be able to pro- 
gress so far as to establish a boundary line and the amount of com- 
pensation you may stipulate that a treaty of peace amity and com- 
merce between the two nations shall be entered upon as soon as prac- 
ticable either at the City of .Mexico or at the City of AVashington or 
at the Capital of this Ilepublic leaving it to the ^fexican authorities 
to select the location 

'''The copy of tho insfriu'tions bore i>rinte(l was made from a copy (MS.) 
in Correspoudetice Relating to Mexico. Texas State Library. 



Kepublic of Texas 159 

But as the mediatorial interposition of the Govemment of the 
United States has been conditionally proifered and will be cordially 
accepted by this Government, it would probably be conducive to the 
permanency of the peace to be established to conduct the negociation 
at the Caj^ital of that Republic 

It is understood that Mv Ellis the ]Minister from the Government 
of the United States to that of Mexico has been instructed to si.U'nify 
to that of ]\rexico the desire of the United States to see the difliculities 
between Texas and iMexico amicably adjusted 

You will theiefore feel yourself at liberty w^ith ail appropriate 
delicacy, to confer with ]\lr Ellis and to make known to him privately, 
the nature and the progress of your negociation 

Should you meet a decided repulse from the Government of Mex- 
ico it is very important that you communicate that fact as early as 
possible to this department. Indeed we expect you will be an active 
correspondent under all circumstances 

With renewed assurances of great consideration 

I am your Obt Servt 

David G Burnet 
Act [in] g Sec[retar]y of State 



In Senate, Secret Session, 

14 Dec. 1839. 
The following communication from the Executive was read: 

Executive Department 
14th December 1839'^ 
To the Iion[orablel Senate 
Gentlemen 
I nominate John Rice 'Jones for the office of Post Master General 
and respectfully a,sk the Senate's early action. 

Mirabeau B. Lamar. 

On motion by jMr. Kendriuk, the rules were suspended and the 
nomination taken into consideration. The Senate then unanimously 
advised and consented to the nomination. 

Mr. i\Ioore introduced the following resolution which was read a 
first time and hiid on the table. 

lie solved That in no case shall the names of the voters on any 
questioji deci(L^d in secret session be published, unless with the unani- 
mous consent of the members who may vote on the question. 

^'See note 2 above. 



160 Secret Jourxals of the Senate 

The journals of the proceedings of the Senate in secret session 
since the 11th November 1839 were then read and approved. 
The doors were then reopened^" 



In Senate, Secret Session, 

16 Dec. 1839. 
The doors being closed, a message from the House of Representa- 
tives was read asking concurrence of the Senate in a Secret Joint 
Resolution of instructions to the Commissioners to negotiate the loan. 
which was read a first time. On motion by Mr. Jones of Brazoria 
the rules were suspended, the Joint Resolution read a second time and 
referred to the Committee on Finance. 

Joint Resolution^' 

Of instructions to our Commissioners to negotiate a Loan. 

Resolved by the Senate and House of Representatives of the Re- 
miblic of Texas in Congress assembled, in secret session, That the 
Commissioners to negotiate a loan, be and they are hereby instructed, 
so to contract for the Loan, that one fifth part only, shall be paid at 
the time of contracting; and the balance at four equal annual or eight 
semi-annual instalments, none of which shall bear interest until the 
money is received by the commissioners. 

The Secret Journal of the 14tli Dec. 1839 was read and approved. 

The doors were then reopened^^ 



Senate Chamber, 17th Dec.^^ 1839 

In Secret Session. 

The following communication from the Executive was read. 

Executive Department 
17 Dec. 1839. 
To the Ilonforable] Senate 
Gentlemen 
I nominate Barnard E. Bee as ]\rinistor Plenipotentiniw of this 
Government to reside near the Government of the Ignited States of 

"The secret journal hru; no copy of this resolution; it has, therefore, been 
supplied from the carolled copy, vetoed by the President on December 2?, 
1S30. 

"See note 3 above. 

'"In copy A the proceedinirs for December "17th are dated December ISth 
and arc inserted after those of the 18th December. 



Republic op Texa^s 161 

the North; and I also uominate Nathaniel Amory as the Secretary of 
Legation to that mission. 

Mirabeau B. Lamar. 

On motion by ^Ir. Everitt, the foregoing nomination was laid on 
the table till to-morrow. 

The Secret Journal of the 16th instant was then read and ap- 
proved. 

The Committee on Finance reported the Secret Joint Resolution of 
Instructions to our Commissioners to negotiate a loan, without amend- 
ments. The Joint Resolution was then read a second time and laid 
on the table. 

The doors were then opened. ^^ 



Senate Chamber, ISth Dec. 1839 
In Secret Session. 

The Journal of the 17th instant was read and approved. 

On motion by Mr. Greer, the nomination of Barnard E. Bee to be 
Minister Plenipotentiar\' to the Government of the United States was 
laid on the table. 

On motion by ^Ir. ^loove, the nomination of Nathaniel Amory to 
be Secretary of Legation to the Government of the United States 
was taken up and unanimously advised and consented to. 

The Joint Resolutions of instructions to our Commissioners to ne- 
gotiate a Loan, v\-as then taken up. Mr. ]\Ioore proposed an amend- 
ment permitting the Commissioners to negotiate for the first payment 
to be Tw^o ^Millions of Dollars. Those who voted for this amendment 
were Five, against it Five, the Vice President voted in the negative. 
So the amendment was rejected. On motion by 'Mr. Everitt, the rules 
were suspended, the Joint Resolution read a third time and passed. 

The doors were then opened.-^ 

Same date 3 o'clock 

The Committee on Foreign Relations reported by recommending 
the passage of a series of Joint Resolutions for the establislnnent of 
amicable relations with Mexico — which report was read a first time 
and laid on the table. 

"See note 3 above. 



162 Secret Journ^vls of the Senate 

Report of Committee on Foreign Relations-^ 

The Committee on Foreign Relations to whom was referred the 
confidential message of the President presented in secret session; beg 
leave to report: — 

That they have attentively considered a subject so momentous and 
profoundly interesting as the one this message discloses. 

The question of Peace to any country is one of deep and vital im- 
portance. Even to those Governments whose claims to their respect- 
ive territories have been sanctified by the lapse of ages, and are pro- 
tected by a redundant population, large armies and an accumula- 
tion of all the resoui'ces and sinews of war, Peace is nevertheless a 
boon seemingh^ beyond all price, except the price of national honor 
and security. But to a countiy like ours with an almost boundless 
frontier, with enemies infesting three sides of our territory, with a 
sparse population and depreciated currency, its value is augxaented 
by all those considerations which enter into a just estimate of the se- 
curity of life and property and a steady and progressive develop- 
ment of the gigantic natural resources of our country. Notwith- 
standing therefore the clear title which we have to the territory won 
by the valor of our people ; notwithstanding the justifiable causes of 
war which led to our revolution, the undisturbed possession we now 
hold of the country and our unquestionable ability to defend our soil 
from any and all invasion, yet Peace with our Enemy under the 
security of a just and honorable treaty is recommended by so many 
considerations of inestimable value, that it is with the most intire 
gratification we perceive by the message we are now considering that 
the subject has engaged the anxious deliberations of the Executive 
and that his measures for the attainment of this object have been 
marlvcd by forecast, discretion and wisdom. 

^Yhilst perhaps considerations of national honor might render it 
unwise, as calling in question the validity of tlie title to the Territory 
we have now .and actually possess, yet for that beyond our posses- 
sion, the title to which may be deemed disputed, the scheme of ef- 
fecting a Peace for the quiet possession of all by paying alone for 
this portion, seems to be free from all the objections which the most 
fastidious delicacy of national pride could possibly raise or sug- 
gest :— 

We therefure concur fully in the vi^-w taken by the President, that 
if for the sum of Five ^^lillions of Dollars, the Disputed Territory 
lying between the Nueces and the Rio del Norte can be purchased 

"The Secret Journal has no copy of this re]iort; it has, therefore, been 
copied from the original in Papers of tiie Fourth Congress. 



Republic of Texas 163 

and. made tht* means of securing to us a stable boundary, the formal 
recognition of oar IndeiJendence, the quiet jxjssession of the Terri- 
tory we posses^s and an advantageous Treaty of Amity and Commerce 
with a xVation destined to sustain relations of such incalculable profit 
with us, that this amount sinks into utter insignificance in compar- 
ison with these invaluable objects. Indeed an offensive war for two 
years to enforce at the point of the sword the proposed boimdary 
would cost five millions, to say nothing of the loss of human life, 
the suspension of the industry of the Country, the insecurity of prop- 
erty, the depression in the value of our Lands and the depreciation 
of our Currency which infiicts a daily tax on the Country, the 
weight of which almost defies the estimate of the nicest financial cal- 
culation. If on the other hand turning to our fertile and magnificent 
territory extending from the mountains to the seacoast, stretching 
through almost every variety of climate, soil and surface, we may see 
what in five years would be the influence of Peace on the prosperity 
of our people, what the result of the tide of emigration which would 
bring in its current, the numbers, wealth and industry not alone of- 
the United States of America but of the whole civilized world and 
what would be the appreciation in the value of our Soil which by the 
most moderate estimate would be augmented at least fourfold. We 
think if these considerations are properly weighed that to hesitate on 
the proposition of Peace is indicating as little regard for our own 
interests, as it would be an act of the most criminal injustice to our 
posterity. 

"With these general reflections we now pass to a consideration of the 
probable means by which the important object of Peace may be ac- 
complished. We are far from deducing from the refusal of ^lexico 
to receive the public accredited Minister sent by the Executive during 
the last siunmer to Vera Cruz, an inference unfavorable to future 
pacification, because his reception would have been ipso facto tanta- 
mount to a recognition of the Sovereignty and Independence of our 
Republic. Xor should we rea'ard even the want of success in the 
secret Agent our Government has now in ^lexico as conclusive of the 
prospect of an early pacification, as events of a highly interesting 
character are inviting in concord ^^nth the etTorts of Peace the par- 
ticipation of a power not less distinguished for the magnanimity of 
her policy than the extent of her resources. 

In the Debates in the British House of Commons durincr the last 
summer, we have seen that Lord Palmerston. the ]\Iinister for Foreign 
Affairs, declaimed in liis place that he had tendered the Gov[ernmenlt 
of Mexico the mediation of England in the subsisting dispute with 
Texas — a declaration which the Commissioner appointed to negotiate 



164 Secret JouRxVals of the SeNzVTe 

our Loan had cod finned by his Lordship in a subsequent private in- 
terview — aeeompjinied by an explicit assurance m case Mexico should 
not accept this overture for Peace, that the recognition of our Inde- 
pendence by Great Britain would not be long withheld. But there 
are other causes in active operation, which we think all tend to the 
probability of our procuring an early and advantageous peace. 
Those causes our Commissioner has likewise fidly disclosed in a man- 
ner which demoDst rated the grounds on which our prospects of Peace 
now rest. 

It is Imown that ^lexico contracted a large public debt which is held 
by a highly respectable and intiuential class of British Citizens who 
are kno\vn in Europe as the Mexican Bond holders. These persons 
have not received for several years a farthing of interest on their 
Debt. The Stock consequently is seriously depreciated. The 
Gov[ernmen]t of Mexico by a Convention concluded by her Minister 
in London on the with the ^Mexican Bondholders assigned as 

a security for the ultimate redemption of the Bonds, her public 
.Lands in the ''Department of Texas." Although under this Conven- 
tion the i\Iexican Boiidhoklers can have no claim against Texas in 
her Sovereign and Independent capacity growing out of this Conven- 
tion, yet it gives them as against Mexico a fair claim to the amount 
of indemnity which Texas may be willing to pay for the disputed 
Territory between the Xueces and Rio del Norte. 

Your Committee therefore are of opinion if both houses of Con- 
gress in secret session, should pass a series of resolutions to the fol- 
lowing effect that Peace would be likely to result from their adoption. 

1. A resolution expressing our intire approval of the efforts of the 
Executive to establish relations of Peace with Mexico. 

2. A resolution authorizing the President to conclude a treaty for 
this purpose and for the purchase of the disputed Territory. 

3. A resolution authorizing the Commissioners to negotiate such 
Loan as might be necessary to fulfil the stipulations of the Treaty. 

4. A reso[lutiojn, expressing an intire willingness on the part of 
this Gov[ernmen]t, to pay over the amount of the Indemnity in Lon- 
don to such persons as shall be authorized by the Gov[ernmen]t of 
Mexico to receive it. 

We have every reason to believe the passage of these Resolutions 
in secret session but confidentially communicated to Lord Palmerston. 
would insure the active co-operation of the Government of Great 
Britain in effecting a Pe;ice between IMexico and ourselves. Whilst 
from the communications of our Commissioner made in person to 
your Committee, we have reason to know that the influential and 



Kefublic of Texas 165 

active exertious of the Mexican Bondlioldcrh; will be employed in oip^ 
behalf not only in our negotiations for Peace but also for Money. 

With this view of the subject, we cannot but concur in the policy 
of invoking' the aid of a great and powei-ful ally who will be urged 
by every consideration of justice towards her own citizen.^ to inter- 
pose, as well as by the syuipathies of a conmion origin, language, re- 
ligion and laws nnd by the stupendous commercial relations that are 
destined to grow- up between a people thus related. 

With these views and profoundly impressed with the vast augmen- 
tation wdiich it will he to the public repute of Texas for Justice, for- 
bearance and moderation, your committee otfer for the adoption of 
both Houses of Congress the foUowiug Resolutions: — 

Joint Resolution, On the subject of establishing Amicable Relations 
wnth Mexico 

Section 1. Be it Resolved by the Senate and Hou-e of Represen- 
tatives of the Republic of Texas in Congress assembled Tliat Con- 
gress view^s with entire approbation the present policy of the Execu- 
tive for establishing relations of peace with [Mexico. 

Section 2 Be it further resolved, That the President be authorized 
by and with the advice and consent of the Senate to appoint one 
Commissioner whenever he shall deem the same expedient to enter 
into amicable negociations with any person or persons properly ac- 
credited by Mexico, for this purpose and to stipulate on the part of 
Texas for the adjustment of all difficulties the establishment of a 
permanent peace and settlement of the Boimdary as defined by the 
Act of Congress entitled "An Act to define the Boundaries of the 
Republic of Texas'' Approved December 19th 1S36. 

Section 3. Be it further resolved, That should such a Treaty be 
formed between the Commissioner on the part of the Government of 
Texas and ^Mexico, and after the same may have been ratified and 
confirmed by the President and Senate of this Republic, our Commis- 
sioners of loans in Europe are authorized to borrow the amount 
which ma\- be stipulated in said Treaty, at an interest not exceeding 
Six per cent. 

Section 4 Be it further resolved. That the said Commissioner ap- 
pointed on the part of Texas shall if practicable procure the Guar- 
anty of Great Britain for the faithful performance of the Treaty by 
both parties. 

TV Lawrence Chairman 

on the part of the House 

Anson Jones 

Ch[airma]n on the part of the vSenate 

It—Lib. 



166 Secret Journals of the Senate 

The doors ^vere then reopened.-^ 



In Senate, Secret Session, 
19th Dec. 1839. 

The report of the Committee on Foreign Relations recommendint: 
the pa.ssage of Joint Resolutions on the subject of establishing ami- 
cable relations of [with] ^Mexico was taken into consideration: the 
Report was read a second time and adopted. Tlie Joint Resolutions 
were placed on their second reading. 'Mv. Greer moved that they 
be laid on the table. Those who voted for this motion w^ere Messrs. 
Burton, Greer, Jones of Austin and Stroud. Four. Against it, 
Mes-rTs. Barnet, Dunn, Everitt, Jones of Brazoria, Kendrick, Lester 
and ]\roore. Seven. So the motion was lost. The Joint Resolutions 
were then passed to a third reading. An additional resolution to 
said Joint Resolutions was then read a second time and passed to 
a third reading. The resolutions w^ere made the special order of 
the day for to-morrow. 

Tlie doors were then opened.-^ 



^ . In Senate, Secret Session, 

21 Dec. 1839. 

A me^^sage from the House of Representatives asked concurrence 
of the Senate in a Secret Joint Resolution on the subject of establish- 
ing amicable relations with Mexico, and in a Secret Additional Joint 
Resolution relative to the pacification and adjustment of existing dif- 
ficulties between Texas and iMexico. Both of which Joint Resolutions 
were read a first time. On motion by Mr. Jones of Brazoria, the 
rules were suspen[ded], the Joint Resolutions were read a second 
time. On ^lotion by ^Mr. .Everitt, the rules were further suspended, 
and both Joint Resolutions read a third time and passed.^^ 

On motion of Mr. Jones of Brazoria, the officers of the Senate were 
authorized to give to General James Hamilton a copy of the Report 
of the Committee on Foreic'n Relations on the subject of Peace with 
Mexico. 

The doors were then opened. -- 

^*The Secret Joint ResoUition and the Sorret Additional Joint Resolution 
here referred to have not been found. The fir.^t named was probably similar 
to the one proposed by the committee on Foreign Relations, and appended 
to their report above. 

-'See note 3 above. 

-'Ibid. 

"Ibid. 



Republic of Texas 167 

In Senate, Secret Se^^sion 

23 Dec. 1839. 
The following communication was read. 

Executive Department 

23rd December 1839^^ 
To the Honorable 
The Senate 
As the neg'ociations for peace with Mexico in case the same shall 
be transferred to London may have an important bearing on the 
negociation of the Loan for five millions. I beg leave to nominate James 
Hamilton as a Commissioner under the resolutions passed by both 
houses of Congress and approved the 21st instant. 

As General Hamilton has already opened the negociation in Lon- 
don with the Mexican bondholders, w^ho, it is supposed will exert 
some influence in accomplishing our views in this respect, and as he 
offered to discharge the duties of this Commission without compensa- 
tion, I take great pleasure in submitting his name to you. 

Mirabeau B. Lamar. 

The rules were suspended, the nomination taken up and unani- 
mously advised and consented to.-*^ 



In Senate, Secret Session, 
27 Dec. 1839^^ 
Executive Department 
23rd December 1839-- 
To the Hon[orable] 
The Senate 
I nominate Mr. Edward Peravay as Consul for the Port of Havre, 
France and request the Senate's confirmation. 

Mirabeau B. Lamar. 

On motion by Mr. Jones of Brazoria, the nomination of Mr. Ed- 
ward Peravay to be Consul of the Port of Havre, France, was 
taken up and confirmed by an unanimous vote. 

The doors were then reopened.-^ 

"See note 2 above. 
'■"See note 3 above. 
-'This date is omitted in copy A. 

"As the secret journal has no copy of this message, it has been supplied 
from the original. 
=^See note 3 above. 



168 Secret Journals op the Senate 

In Senate, Secret Session. 
4th January 1840. 

Executive Department 
4t]i January 1840.-^ 
To the Hon[orable] Senate 

The foUowino' nominations are respectfully presented to the Sen- 
ate for its action, to wit; 

C. M; Gould, District Attorney for the fifth Judicial Circuit. 
0. Tarpley Notary Public, Victoria County. 
James P. Cole Notary Public, Galvezton County. 
Kidder Walker, Chief Justice, Colorado County. 
Thos. C. Bunker, Notar^^ Public Sabine City Jefferson County. 

Mirabeau B. Lamar. 

The nominations of C. M. Gould and Thos. C. Bunker were unani- 
mously confirmed, the other nominations were laid on the table 
for further deliberation. 

The secret journal of 27th Dec. 1839 was read and approved. 

The doors were then opened. ^^ 

The nomination of Louis P. Cooke to be Secretary of the Navy 
was taken up. Those who voted for its confirmation were Messrs. 
Burton, Greer. Jones of Brazoria. Lester, Moore and Seeuin, Six. 
Against it, ]\ressrs. Barnet, Dunn, Everitt. Jones of Austin, Kendrick 
and Stroud. Six. The Vice President voted in the affirmative. So the 
Senate advised and consented to the nomination. 

Mr. Burton moved that the nominations of Naval Officers be 
taken up. On motion by ]\Ir. Everitt, the subject was laid on the 
table, and 

the doors were opened.-^ 



In Senate, Secret Session, 
11th Jany 1840 
The following communication from the President was read. 

Executive Department 
10th January 1840.=^ 
To the Hon[ora]ble Senate, 
Gentlemen, 
I have the pleasure herewith to transmit to you the Treaty of 

"See note 2 above. 
"See note 3 above. 



Republic of Texas 169 

Amity, Navigation and Commerce lately neirociated by the Ilon- 
[orajble J. Pickney Henderson in behalf of this Republic with the 
Government of France.'-^ 

You will perceive that the Treaty is based upon the just principles 
of reciprocity, and contains the formal recognition of our Independ- 
ence by a Icadino- and ancient power of Europe — the same magnani- 
mous Government that was the friend of our native country in its 
earliest operations for colonial emancipation, and has always been 
conspicuous for chivalry and disinterestedness. With feelings of due 
respect to our minister intrusted with the negociation, I commit the 
Treaty with my entire satisfaction to your consideration. 

Mirabeau B. Lamar. 

The Treaty was then read and laid on the table. 
On motion by Mr. Jones of Brazoria, the nominations by the Execu- 
tive were taken into consideration. 

Military Appointments. 

Lysander Wells, Colonel of Cavalry, and P. B. Dexter Lieut [en- 
ant] Colonel, were, on motion by Mr. Seguin, laid on the table. 

On motion by ]Mr. Burton, the nomination of Wm. L. Cazneau to 
be Commissary General of Subsistence, laid on the table. 

The nomination of Hugh McLeod to be Adjutant General was 
confirmed. Those voting for its confirmation were ]^Ies>rs. Burton, 
Everitt, Jones of Austin, Jones of Brazoria, Lester, Moore, Seguin 
and Stroud. Eight. Against it, Messrs. Barnet, Dunn and Greer. 
Three. 

The nomination of Wm. H. Danserfield to be Conmiissary of Pur- 
chases was confirmed. Those voting for it were ]\ressrs. Barnet, 
Burton, Everitt. Greer, Jones of Brazoria, Lester, Moore and Stroud. 
Eight. Against it, ^Messrs. Dunn, Jones of Austin and Seguin. 

The nomination of B. B. Sturges to be Pay ^Laster was confirmed. 
Those voting for it, were ^les-rs, Barnet, Greer, Jones of Brazoria, 
Jones of Austin, Lester and Seguin. Six. Against it, Messrs. Bur- 
ton, Dunn, Everitt. ]Moore and Stroud. Five. 

The nomination of ]\r. B. Skerett to be Capt[ain] of Infantry was 
rejected. Those voting for it were ^fr. Dunn. Against it, ^lessrs. 
Barnet, Burton, Everitt, Greer, Jones of Austin, Lester, Moore, Se- 
guin and Stroud. Nine. 

On motion by ^tlr. Stroud, the vote of confirmation to the appoint- 
ment of Hiiirh McLeon to be Adjutant General was reconsidered and 

^■Tlie treaty is primed in (larnmel. Lairs of Texas, II 655-662. 



170 Secret Journals of the Senate 

rejected. Tliose votinc: for its confirmation were Messrs. Burton, 
Everitt, Jones of Brazoria, Lester and Seguin. Five. Against it, 
Messrs. Barnet, Dunn, Greer, Jones of Austin, Moore and Stroud. 
Six. Mr. Moore a>ked and obtained leave to change his vote. So 
the nomination was confirmed. The vote then standing six for and 
five against the confirmation. • 

The following nominations were unanimously advised and con- 
sented to: 

Wm. G. Cooke to be Quarter ]Master General. 

P. H. Bell to be Inspector General 

Jacob Snively to be Pay Master General 

B. H. Johnson to be Ass[istan]t Adj[utan]t General 

P. Caldwell to be Quarter Master 

H. Landers to be Commissary of Subsistence. 

Wm. R. Smith to be Surgeon General 

T. P. Anderson to be Surgeon 

Shields Booker to be Surgeon 

Edmund Tucker to be Surgeon 

Rich[ar]d Cochrane to be Ass[istan]t Surgeon 

G. T. Howard to be Captain of Infantry 

B. Y. Gillen to be Captain of Infantry 

The doors were then opened. 

On motion by Mr. Burton, the vote rejecting the nomination of 
M. B. Skerett, to be Captain, was reconsidered, and the nomination 
unanimously advised and consented to. 

Executive Department 
10th January 1S40-' 
To the IIon[ora]ble Senate, 
Gentlemen 
Since sending my nominations for Officers in the Navy, circum- 
stances have occurred which, in my mind render it necessary that 
there should be some chan2,e in the appointments then proposed to be 
made, I therefore respectfully request that the list of nominations 
may be returned to me to be corrected in conformity with these cir- 
cumstances. 

i\Iirabeau B. Lamar. 

On motion by ■Mr. Everitt, the foregoing request was complied with 
and the Secretary' instructed to return the list. 

"See note 2 above. 



Kepublic of Ti^XAs 171 

> - In Senate, Secret Session 

13th Jany 18-10 
The Treaty of Amity, Commerce and Navigation between France 
and Texas was taken up and read article by article, and the ratifica- 
tion of each article respectively advised and consented to, as also the 
additional articles. 

On motion by Mr. Everitt, 

Resolved, That the Treaty now under consideration be made the 
special order of the day for to-morrow, that the injunction of secrecy 
be and is hereby taken olt and that the treaty be acted on in open 
session. 

1 Mr. Jones of Brazoria introduced the following resolution 

' Resolved: That the Senate advise and consent to the ratification 

of the Treaty of Amity, Commerce and Navigation between the 

I . President of the Republic of Texas and His Majesty, the King of the 

French concluded at Paris on the 25 day of September A. D. 1839 
by Gen[eral] James Pinckney Henderson and Jean de Dieu Soult. 

'^ ' due de Dalmatia, their respective Plenipotentiaries, and to the ad- 

ditional articles to said treaty concluded as above on the same day. 

On motion by Mr. Burton, the nominations were taken up and the 
following ^Military Appointments unanimously advised and con- 
sented to. 

G. F. Lawrence to be Captain of Infantry. 
^ G. W. Morgan to be Captain of Infantry. 

J. P. B. January to be Captain of Infantry. 

J. C. P. Kennemore to be Captain of Infantry. 

P. J. Pillans to be Captain of Infantry. 

^Matthew Caldwell to be Captain of Infantry. 

The nomination of Wm. L. Cazneau to be Commissary General of 

Subsistence was advised and consented to. Those who voted for its 

confirmation were Messrs. Barnet, Burton, Dunn, Everitt, Jones of 

Brazoria, Kendrick, Lester, ]\Ioore, Seguin and Stroud. Ten, Against 

I it, Messrs. Greer and Jones of Austin. Two. 

The nomination of U. M. Dunniugton to be First Lieut [enant] of 
Infantry was rejected. Tliose voting for it were I\Iessrs. Jones of 
Austin and Seguin. Two. Against it, ^Messrs. Barnet, Dunn, Ever- 
itt, Greer. Jones of Brazoria. Kendrick. Lester, Moore and Stroud. 
Nine. 

The following nominations were unanimously advised and con- 
sented to: 



172 Secret Journals of the Senate 

Sam B. Carson to be First Lieut [enant] of Infantry. 

D. C. Ogden to be Do 

Edw[ar]d Thompson to be Do 

J. Weihltobe Do 

R. S. Neighbors to be Do 

Wm. D. Houghton to be Do 

The nomination of Martin ^loran to be First Lieutenant of In- 
fantry was advised and consented to. Those voting for it were 
Messrs. Barnet. Dunn, Everitt, Greer. Jones of Austin, Kendrick, 
Lester and Stroud. Plight. Against it, Jones of Brazoria. Moore 
and SegTiin. Three. 

The following nominations were advised and consented to: 

H. L. Crush to be Second Leiut [enant] of Infantry. 

Dan [ie] 1 Lewis to be Same 

C. C. Hornsby to be Do 

J. M. Alexander to be Do 

A. H. Scott to be Do 

Matthew Mc Govern to be Do 

On motion by ^Iv. Jones of Austin, the vote rejecting the nomina- 
tion of IT. ^r. Dunnington was reconsidered and laid on the table. 

The nomination of Cyrus Joy to be Consul at Philadelphia was re- 
jected. Those who voted for its confirmation were Mr. Stroud. 
Against it, ^lessrs. Barnet, Dunn. Everitt, Greer. Jones of Austin, 
Jone> of Brazoria, Kendrick, Lester, Moore and Seguin. Ten. 

The nominations of Chief Justices were further laid on the table. 

The doors were then opened.-' 

The nomination of T^. M. Dunnington was again taken up and con- 
finned. Those votinir for it were ^Messrs. Barnet, Burton. Greer, Les- 
ter, Kendrick and Stroud. Against it, Messrs. Everitt and IMoore. 
Mr. Dunn was excused from voting. 



In Senate, Secret Session 

14 Jany 1S40. 
The following comnmnication was read and laid on the table: 

Executive Chamber 

To the Honorable Senate 
Gentlemen 
I have the honor* to present for your consideration the following 
nominations. 

^Spo note :< above. 
^Soe note 2 above. 



Republic of Texas 173 

Geo. W. iMiles, Chief Justice for Liberty County. 
The former nomination Dr. Farley bein<i: deceased. 
Thomas Dillard, Notary Public Robertson County. 

Mirabeau B. Lamar. 



In Senate, Secret Session 
18 Jany 1840. 

Executive Department 
18th January 1840==* 
To the Honorable Senate 
Gentlemen 
I nominate Joseph E. Plummer to the Office of Collector oc 
Customs for the Port and District of Aransas, to fill the vacancy of 

Hews resigned, and respectfully ask the Senate's concurrence. 

Mirabeau B. Lamar. 

which conmiunication was read and laid on the table. ''''^ 



In Senate Secret Session. 
20 Jany 1840. 

Executive Department 
Austin 20th January 1840-' 
To the Senate 
Gentlemen 
In my annual Message to Congress al the commencement of the 
present Session I informed the Honorable Senate, that I had availed 
myself of the services of the Honorable David G. Burnet as acting 
Secretary of State until I could make a selection of some individual 
to fill the vacancy which had occurred in that Department. This 
arrangement was intended to be temporary- only, but finding it dif- 
ficult to fill said vacancy with entire satisfaction to myself. I had de- 
signed to keep the office open until the arrival of General Hender- 
son from Europe, whose peculiar qualifications seemed to designate 
him for that station, to which I had intended to invite him in the 
event of his not desiring to return as ^Minister to the French Gov- 

"See note 2 above. 
*"See note 3 above. 



114: Secret Joukxaj.3 of the Senate 

emment. I have, however, received this moiiiing a communication 
from the Vice President in which he expresses a v;ish that I would, 
as soon as practicable, relieve him from the further discharge of the 
duties of that olHce. It therefore devolves upon me, without further 
delay, to fill the vacancy in said Department, which I now have the 
honor to do, by nominating- Abner S. Lipscomb as Secretary of 
State, and respectfully ask the Senate's concurrence 

Mirabeau B. Lamar. 

which communication was read a first time and laid on the table. "^ 

20 Jany 1840 

The Senate proceeded to an election of District Judge of the 
Fourth Judicial District. 

John Hemphill received eight votes. 

Jas. C. Allen received three votes. 

Those votinir for J. Hemphill were jMessrs. Barnet, Burton, Ever- 
itt, Jones of Brazoria, Kendrick, Moore, Seguin and Stroud. 

Those who voted for J. C. Allen were Messrs. Dunn, Jones of 
Austin and Lester. 

J. "W. Henderson received a unanimous vote of the Senate for 
County Surveyor of Harris county. 

Tlie nomination of Joseph E. Plummer to be Collector of Cus- 
toms for the Port of Aransas, was taken up and advised and con- 
sented to. Those voting for it were Messrs. Barnet, Burton, 
Everitt, Jones of A[ustin], Jones of B[razoria], Lester, Moore, Se- 
guin and Stroud. Nine. Against it, one, Mr. Dunn. 

The doors w^ere then opened. 



Secret Session. Senate 
30th Jany 1840. 
Richard Scurry received eleven votes for Judge of Sixth District 
John G. Love received one vote for Judge of Sixth District 
Tliose who voted for ^h\ Scurry were Messrs. Barnet, Dunn, 

Gaines, Greer, Jones of A[uslin], Jones of B[razori]a, Kendrick, 

Lester, Moore and Stroud and Everitt. Mr. Burton voted for Mr. 

Love. 

John ]\L Hansford received eleven votes for Judge [of] Seventh 

District. 

•'See note 3 above. 



Eepublic of Texas 175 

Wm M Porter received one vote for Judge of Seventh District. 

Those who voted for Mr Hansford were ]\Iessrs. Biirnet, Burton, 
Dunn, Everitt, Gaines, Jones of A[ustin], Jones of B[razori]a, Ken- 
drick, Lester, Moore and Stroud. Eleven. Mr. Greer voted for 
Mr. Porter. 

Wm Hart received 12 votes [for]^^ Chief Justice [of]"^ Nacog- 
doches County 

M. B Lewis received 12 votes for Chief Justice of Jasper County 

Geo W. Miles received 12 votes for Chief Justice of Liberty 
County 

G. B. Atkins received 12 votes for Chi C Justice of Harrison 
County 

A. M. Davis received 12 votes for Chiet Justice of San Augustine 
County 

H. Millard received 12 votes for Chief Justice of Jefferson 
County 

D. J. Toler received 12 votes for Chief Justice of Washington 
County 

Silas Dismore received 12 votes for Chief Justice of Matagorda 
County 

Mr. Hartfield received' 7 votes for Chief Justice of Fannin County 

[Joseph]^- Murphy received 4 votes for Chief Justice of Fannin 
County 

Those who voted for Mr. Hartfield were Messrs. Burton, Dunn, 
Everitt, Greer, Jones of A[ustin], Jones of B[razoria], Lester. 
Seven. For I\Ir. Murphy, Messrs. Barnet, Gaines, Kendrick and 
Stroud. Four. ]Mr. Moore was excused from voting. 

R. D. Johnson received 12 votes for Chief Justice of Galveston 
Coimty 

A. S. Ainsworth received 12 votes for Chief Justice of Goliad 
County 

I. N. Moreland received 12 votes for Chief Justice of Harris 
County 

J. M. Brown received 12 votes for Chief Justice of Jackson County 

Mr. Daniels received 10 votes for Chief Justice of Colorado County 

[Kidder]"- Walker received 2 votes for Cliief Justice of Colorado 
County 

Those who voted for :Mr. Daniels were Messrs. Barnet, Burton, 
Dunn, Everitt, Gaines, Jones of A[ustin], Kendrick, Lester, Moore 

"Beginning with this entry, the vrovd? "for" and "of" have been interpo- 
lated in each of the remaining entries of this day's proceedings. 

^'The portion of the names in braclvets has been supplied from a certified 
list of the Chief Justices of count ies. dated January 30, 1S40. MS. in Elec- 
tions bv Congress. Texas State Library. 



176 Secret Journals of the Senate 

and Stroud. ^lessrs. Greer and Jones of B[razoria] voted for .Mr. 
Walker. 

A. J. Fowler received 12 votes for Chief Justice of Red River 
County 

E. Ballingfer received 11 votes for Chief Justice of Gonzales 
County 

Campbell received 1 vote for Chief Justice of Gonzales 

County 

Those who voted for ^Ir Ballinger were ^fessrs Barnet, Burton, 
Dunn, Everitt, Gaines, Greer, Jones of A[ustin], Jones of B[ra- 
zoria], Lester, ]\Ioore and Stroud. Eleven. Mr. Kendrick voted for 
Mr. Campbell. 

H. B. Kin^r received 12 votes for Chief Justice of Milam County 

[John]^- Collins received 10 votes for Chief Justice of Houston 
County 

Mr. Gossett received 2 votes for Chief Justice of Houston County. 

Those who voted for ]\Ir. Gossett were ]Me?srs. Barnet and Greer. 
For ^Ir. Collins, ^lessrs. Burton, Dunn. Everitt, Gaines. Jones of 
A[ustin]. Jones of B[razoi'ia], Kendrick, Lester, Moore and Stroud. 
Ten. 

[David] ^- Murphy received 10 votes for Chief Justice of Victoria 
County 

]\rr ^Miller received 1 vote for Chief Justice of Victoria County 

Those who voted for Mr. Miller were One. Mr. Dunn. Those who 
voted for ]\Ir. ^Inrphy were ^lessrs. Barnet, Burton, Everitt. Gaines, 
Greer, Jones of A[ustin], Jones of B[razoria]. Lester, Moore and 
Stroud. 'Mr. Kendrick was excused from voting. 

^[r. Moreland received 4 votes for Chief Justice of Travis County 

[James W.]^- Smith receivod 7 votes for Chief Justice of Travis 
County 

Mv. Grayson received 1 vote for Chief Justice of Travis County 

Those who voted for Mr. Sniitli were ]Messrs. Barnet, Dunn. Gaines, 
Greer, Jones of A[ustin], Lester and Stroud. For i\[r. Moreland, 
Messrs. Burton, Everitt. Kendrick and ]\Ioore. For Mv, Grayson, 
Mr Jones of Brazoria. 

X. W Eastland received 12 votes for Chief Justice of Fayette 
County 

John [S.]"- Simpson received 4 votes for Chief Justice of Bexar 
County 

Erasmo Soizuin received S votes; for Chief Justice of Bexar County 
Those who voted for ]\[r. Seguin were ^[essrs. Burton. Dunn. Ever- 
itt. Gaines, Jones of Bfrazoria], Kendrick, ]\roore and Stroud. Eidit. 

'-See note 32, p. 175. 



Republic of Texas 177 

Messrs. Barnet, Greer, Jones of A[ustin], and Lester voted for Mr. 
Simpson. 

H. McNeill received 12 votes for Surveyor of Montgomery County 
J. F. Hudson received 12 votes for Surveyor of Travis County 
J. W. Scallorn received 12 votes for Surveyor of Fayette County 
The nomination of Abner S. Lipscomb to be Secretary of the State 
Wcis taken up and unanimously advised and consented to. 

The nomination of Thos. Dillard to be Notary Pub lick for Robert- 
son County was taken up and unanimously advised and consented to. 
The doors were then opened.^- 



In Senate, Secret Session, 
' 3 Feby 1810. 
A message from the House asked concurrence of the Senate in a 
Joint Resolution authorizing the Sec[retar]y of the Treasury to 
issue Promissory Notes to cover the appropriations for the year 
1810 ; which was read a first time, the rules were suspended the Joint 
Resolution read a second and third times and passed."^ 

The following communication from the President was received: 

Executive Chamber 

Feb. 1, 18W* 
.To the Honorable Senate 

The following nominations are respectfully presented for the con- 
sideration of the Senate, to wit 
Barnard E. Bee, Charge d 'Affaires, U[nited] States. 
Augustus W. Radclift", Consul at New York, U. S. 
]^ Wallace Burnet Consul [nt] Cincinnati, Ohio, U. S. 
^Ir Graham Consul, Phil[adelphi]a ULiiited] States. 

District Attorneys. 
Patrick C Jack for the First Judicial District. . 
John R. Reid for the Second Judicial District. 
A. A. Anderson for the Third Judicial District. 
John D. ^Morris for the Fourth Judicial District. 
James Armstrong for the Sixth Judicial District. 
William M. Williams for the Seventh Judicial District. 
James Reily for the Fifth Judicial District. 

Mirabeau B. Lamar. 

*^See note 3 above.' 

"For a copy of this resolution see No. 5 of the Appendix. 

•*See note 2 above. 



178 Secret Journals of the Senate 

The nommations of Barnard E. Bee, Augustus ^V. Radclift'e, R. 
Wallace Burnet, Patrick C. Jack and John Ft. Reid were unani- 
mously advised and consented to. 

The nomination John D Morris was advised and consented to. 
Those voting for its confirmation were Messrs. Barnett, Everitt, 
Gaines, Jones of B[razoria], Kendrick, Lester and ^loore. 7. Against 
it, Me^rsrs. Dunn and Stroud. 2. Mr. Greer was excused. 

The nomination of James Riley was rejected. Those voting for 
its confirmation were Messrs. Everitt. One. Against it, Messrs, 
Barnet, Dunn, Gaines, Greer, Jones of B[razoria], Kendrick, Lester, 
Moore and Stroud. 

The nomination of A. A. Anderson was rejected. Those who voted 
for its confirmation were Messrs. Everitt, Kendrick, Lester and 
Moore. Four. Against it Messrs. Barnet, Dunn, Gaines, Greer, 
Jones of B[razorija and Stroud. Six. 

The nomination of William M. Williams was advised and con- 
sented to. Those voting for its confirmation were Messrs. Barnet, 
Everitt, Gaines, Kendrick and Lester'. Five. Against it, Messrs. 
Greer and Stroud. Two. Messrs. Dunn, Jones and Moore were ex- 
cused [from voting?]. 

The nomination of James Armstrong was rejected. Those who 
voted for its confirmation [were] Messrs. Everitt, Jones of Brazoria 
Kendrick and Lester. Four. Against it, Messrs. Barnet, Dunn, 
Gaines, Greer, Moore and Stroud. Six. 

On motion by 'Mr Moore this vote was reconsidered and the Presi- 
dent was requested to withdraw the nomination. 

The following is the result of the ballot for officers under the 
Cherokee Land bill. 

For register. 

Messrs. Barnet, Dunn. Everitt, Gaines, Jones of B[razoria], Ken- 
drick, Lester, ]\Ioore and .Stroud. Nine, voted for Mr. Howland. 
Mr. Greer voted for Mr. Jowers. 

For receiver. 

Messrs. Barnet. Dunn, iCveritt, Kendrick and Lester. Five voted 
for Dr. Booker. ^Messrs. Greer, Jones of B[razoria], ]\[oore and 
Stroud. Four, voted for ^Ir. Mabbitt. ^Ir. Gaines voted for Mr. 
English. 

For surveyor. 
^Messrs. Barnet. Everitt, Gaines, Greer and Stroud voted for Mr. 



Republic of Texas 179 

Nelson. Messrs. Dunn, Jones of B[razoria], Kendriek, Lester and 
Moore voted for Mr. Schoolfield. 

For receiver. 

Messrs. Everitt and Barnet were appointed a Committee of Con- 
ference to request the House to witlidrnw the nominations of Messrs. 
Mabbitt and Booker. A Committee from the House informed the 
Senate that the House had postponed the election of receiver till to- 
morrow ten o'clock which was concurred in by the Senate. 



Secret Session. 
¥' Fehy 1840 

On motion by Mr. Everitt, the vote rejecting the nomination of 
James Riley was reconsidered."^ 

Mr. Everitt moved the confirmation of the nomination of Mr. Arm- 
strong. Those who voted for its confirmation were Messrs. Burton, 
Everitt, Jones of B[razoria], Kenclrick, Lester and Stroud. Sis. 
Against it, ^Messrs. Barnet, Greer and Gaines. Three. Mr. Moore 
was excused from voting. 

yiv. Everitt moved that a Committee be appointed to inform the 
House of Representatives that the Senate did not think it expedient 
to go into an election of Receiver under Cherokee Land Bill, which 
motion was carried. Messrs. Everitt and Barnet were appointed said 
committee. 

•'In copy A the proceedings for this day precede those of February 3rd. 

"Copy A omits this entry. In a letter from the Secretary of the Senate to 
the President, dated February 4, 1840, he says, "Tlie Senate have reconsid- 
ered the nomination of James Riley and have laid tlie nomination upon 
the table -without action under the impression that the nomination will be 
withdrawn." (MS. in Senate Confirmations. Texas State Library.) 



FIFTH CONGRESS 



15— Lib. 



Roll of Senators 
George W. Baruett, for the District of Washington and Montgomery. 
James W. Byrne, for the District of Goliad, Refugio and San Patricio. 
William H. Daingerfield, for the District of Bexar. 
Stephen H. Everitt,^ for the District of Jasper and Jefferson. 
James Gaines, for the District of Shelby, Sabine and Harrison. 
John A. Greer, for the District of San Angnstine. 
Anson Jones, for the District of Brazoria. 

Harvey Kendiick, for the District of Matagorda, Jackson and Victoria. 
James S. Lester, for the District of Fayette, Bastrop and Gonzales. 
James B. Miller, for the District of Austin, Colorado and Fort Bend. 
Francis Moore, for the District of Harris, Liberty and Galveston. 
K. H. Muse, for the District of Nacogdoches and Houston. 
Robert Potter, for the District of Red River and Fannin. 
Benoni Stroud, for the District of Milam and Robertson. 

Officers of the Senate 
David G. Bui-net, Vice President. 
Anson Jones, President pro tempore. 
John D. McLeod, Secretary. 

'Mr, Everitt resigned his seat in the Senate, December 9, 1840. 



FIFTH CONGRESS 

Secret Session 
Tuesday Nov 10th 1810 
The Vice President in the chair^ 

Report of the President's appointments of persons to fill vacan- 
cies of office during the recess of the Senate requiring the confirma- 
tion or rejection of the same. 

Executive Department 
To the IIon[orable] Senate, Austin Nov 9, 1810.^ 

Gentlemen, 
I have the honor to lay before you a list of appointments made to 
fill vacancies happening during the recess of the Senate, which re- 
quire your confirmation or rejection. 

^The secret senate journals of the fifth congress are found in the volume 
described in the first paragraph of note 1 to the secret senate journals of the 
third congress, and embrace thirteen pages of said volume. For the period 
from November 10, 1840, to January 2i. 1841, the secret journals, as pre- 
pared by the secretary of the senate and adopted by that body, are found 
among the papers of the fifth congress. They have been followed in the 
copy here printed. For the remainder of the session (January 22 to February 
5, 1841), the journals as recorded in the volume referred to above alone 
have been available. 

*The message here printed has been compared with and made to conform to 
the original. 



Aii84 



Secret Journals of the Senate 



Date of Ap-j 
ploint- ' 
meQJt. I 



Name. 



Office. 



Branca T Arcber Secretary of War. 

James W Simmons Treasurer 

James B. Shaw Comptroller 

James Uamilton and/ Cornniis'^ioners to negotiate -arith France for a 

Albert T Buriiley \ Loan. 

James Hamilton . Comimissionejr to treat witb Belgium 

Geort,'c W Smyth CommLiasioneJr to run Boundary Line 

James Hamilton CommLissioneJr to treat with Holland 

John P Borden Com[uii-sione]r Gen[erajl Land Office. 

Thomas G Gordon Notary Public Travis County 

Thomas W. Ward do do 

Joscpli W McCluns- do Colorado Oo[unty] 

James B Joimson do San Augustine Co[unty] 

James P Cole do Galveston Cofimty] 

Cornelius Lane do Port of Linnville, Victoria Co 

Peter McGreal ilo Port of Velasco, Brazoria Co 

Theodore Grabeau do Port of San Luis, Brazoria Co 

\T H Watts Collector of Revenue, LaVaca. 

Joseph P Pulsifer " Sabine 

Wm Fenner Henderson District Attorney 5th Judicial Di3t[rict] 

William F Gray " 1st 

H P Brewster " 2d 

James Norton Notary Public, Matagorda Co[unty] 

Henry J. Jewett Di-triet Att(<rney 3d Judicial DiHt[riet] 

Ihmh :\Ic].eod ^dJLutanJt and Inspector <jeiieral 

Wm G Cooke CoUouelJ 1st Ileg[imen]t Infantry 

F A W'hittaker Surgeon 

Fdwfarjd Wiedeman ._Assl.istan]t Surgeon 

Charles Aake 

Ploraee Beall " 

J B Martin First L[ieutenan]t First Infantry 

M. H Chevallie " 

James B Ravis " " 

Theodore Sevey " " 

'James M Gogsrin " " 

Robert R Scott " " 

John C Howard Second LTieutenanlt First Infantry 

R.nibea Roberts 

Charles Burgess " 

Tliomas Johnson " " 

Edward S RatclifY ' 

N'athan E Berry ' " 

Edward S Jones "' " 

Samuel Ellison " " 

Robert Patton " " 

IJ. C Morgan " 

^Charles E Brame " " 

E. Lawrence Stickney . Commissioner of Revenue 



March 
Sept 30 


Sept 30 


April 1. 


AprQ 18 


May 1st 


Sept 15tb 


Feby 29 


March 5th 


March 16 


March 30 


March 30 


Sept 1st 


Sept 8th 


Aug 21st 


Sept 8 


May 13 


July 13 


Feby 25th 


Nov. 10th 


March 1st 


Aug 18th 


Aug ISth 


Aug ISth 


Oct 17th 


Jany 30th 


March 19th 


May 8th 


Aug Ibth 


Aug ISth 


May Mh 


May 9th 


May yth 


May 9th 


Mav 2Gth 


May 23th 


June 23 


Sept 3d 


Sept 3 



Mirabeau B. Lamar. 

Mr Kendric moved that the Senate take up the Report [message?] 
on IMonday uext Motion adopted 



Secret Session 
Wednesday Nov 11th [IS] 40 

The Sup])lcmentary report''^ to the Annual report of the Treasurer 
was received and read 

^Iv Potter moved that that portion of the Secret Journals of hist 
Session referrini^ to the acts passed authorizinir the employing of a 
Commissioner to noiiotiate for a loan be read The Senate not being 



•The Supplementary Report referred to has not been found. 



Republic of Texas 185 

able to procure such information as desired instructed the Secretary 
to procure such documents as appertained to the employing and gen- 
eral instructions to the Commissioners on h^ans. 

Secret Session 
3 O'clock. P. :\r. Nov 11th 40 

The Secretary reported that he had procured the documents agree- 
ably to instructions 

A Resolution of Secret Session on the subject of establishing 
amicable relations with ^Mexico was read — 

A Joint Resolution relating' to the pacificatiori and adjustment 
of existing difficulties between Texas and Mexico* [was read] 

Letters of instructions addressed to Ja[me]s Treat Esq "and 
Gen[eral] Ja[m6]s Hamilton-^ ^vere read] — also copies of Letters 
forwarded by Col[onel] Bee written by his Secret Agent in Mexico^ 



Executive Department 
To the Hon[orable] Senate, Austin, Nov 12th 1840.^ 

Gentlemen, 
I herewith transmit to you copies of Letters from Hon[orable] 
Barnard E Bee Charge of Affaires near the Government of the United 
States, together with extracts from the Letters of a Secret Agent in 
^Mexico, containing information of an interesting and important 
character. 

I would particularly urge upon your attention, that portion of the 
Correspondence which relates to the emigxntion of certain Indian 
tribes from Arkansas, and the design of the ^lexican Government 
to employ them as allies in prosecuting its national wars. 

Respectfully, 

Mirabeau B. Lamar. 

*Copies of the two resolutions referred to above have not been found. 

•The Letters of Instruction to James Treat are dated August 9 and 19. 
1839. and are printed on pages 156-9 above. The instructions to General 
Hamilton were copies of the letters to ^Tr. Treat (Burnet to Hamilton. Decem- 
ber 23, 1S39, printed in Garrison. Diplovwfir Corrcsponrjaice of the Re- 
puhlic of Texas. II. 

•Colonel Bee's secret agent in Mexico was A. S. Wright. Precisely how 
many of Wright's letters were laid before the senate at this time cannot 
be ascertained. It is pretty certain that the following were of the number 
presented: Wriixht lo Bee. August 2[). November 10. IS and 19, 1S39. Feb- 
ruary .'. and June 2.' — July 2. IStO. These letters with others are printed 
in Garrison. Diplomatic Corrfspovnence of the Republic of Tc.rnfi. II. The 
subject of the emigration of certain Indian tribes, referred to by President 
Lamar in his message above, v.ill be found in the letters of June _'3 and 
July 1, 1S40. 

^The secret journal has no copy of this message; it has. therefore, been 
supplied from the original. 



186 



Secret Journals of the Senate 



Secret Session 
Novr 16th 18^0 
On motion of Mr Greer the county nominations were taken up 








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Repubuc of Tex.vs 187 

[19th Nov. 1840] 
Secret commimication from the President 

Executive Department 
,To the Honorable Senate, Austin November 18th 1840- 

Gentlemen, 
I have the honor to submit the following nominations, which re- 
quire your confirmation. 

Mr Theodore Barbey, Texan Consul at Paris, France. 
Mr Craig Texan Consul at Philadelphia, United States 

Respectfully, 

Mirabeau B. Lamar. 



Secret Session Novr 23rd 1840 

On motion the following nominations were taken up 

James P Pulsifer Collector Revenue Port of Sabine was confirmed 

On motion of Mr Greer the message from the President was read 

also the accompanying documents and referred to the Committee 

on Foreign Relations [Messre. Jones, Everitt, and Moore] 

Executive Department 
To the Senate, Austin Nov. 18th 1840.' 

Gentlemen, 
I have just received the following letter from the Secretary of 
State,^^ with the accompanying documents, which I beg leave re- 
spectfully [to submit] for your consideration. 

Mirabeau B Lamar. 
•See note 7 above. 

*The documents transmitted by the president have not been found. 



188 



Secret Journals of the Senate 



Novr 30th [1840] Secret Session 
On motion the Senate took up the following nominations 



-3 



- S 



•Scb a 

.o a 

fe^ . JS I .- 

1^ - ; is . 

c; . op C > C i- 

o ^ « G 2^ . Tr :2' - P ^ 

25 a o a ;:q o 



: £'-5 



P 5 X 



<? I 



-<5 



Kepubi.ic of Texas 189 

Secret se.si>ion adjourned 

Secret Session Nov 30, P. M. 

Mr*Kendriek moved a reconsideration of the vote confirming the 
nomination of Wm Fairfax Gray as Dis[trict] Att[orne]y Mo- 
tion carried On motion the nomination was ordered to lie on the 
table ^Motion lost Question on the nomination Yeas and Nays 
called for tiiose that voted in the affirmative are Messrs Barnett. 
liyrne, Dangerfield. Everitt, Gaines, Jones. Lester, Miller, Potter 
and Strond 11. Mr ^luse voted in the negative ]Motion carried 

On motion the following nomination:^ were laid on the table Mr 
Craig, Hugh MeLeod. Mr AYhitman and K. R. Scott 

The following were confirmed Wm. G. Cooke, F A Whitaker, Chas. 
Aake, H Beall. J B Martin, J. Y. Chevalier, J. B. Ravis, Theo. Sevey, 
Jas M Goggin 

Doorjj were then opened. 



Secret Session Dec, 1/^ 1840 
A message from the President nominating Samuel Hughes Notary 
Public Refugio 

Executive Department 

Austin Dec. 1st 1840.^- 
To the Hon[orable] Senate, 
Gentlemen, 
I have the honor to lay before you the following nomination — 
viz : 

Samuel Hewes, for Notary Public, Refugio County. 

Mirabeau B. Lamar. 



Secret Session Dec. IS-tO 
^Ir Potter ]iiO\'ed that the injuuctions of secrecy relating to the 

Treaty of the Cherokee Bill be removed motion carried 

-Mr Greer moved a reconsideration of the vote confirming the 

nomination of J B Martin ]\Iotion carried then ordered to lie on 

the table 

Door.s were then opened 



Secret Session Wednesday 4 o'clock 
On motion the Senate took up and confirmed the nominations of 
E li Stickney and Hugh ^^IcLeod, 
doors opened 

"In the secret journal the entry for December 1st follows the three un- 
dated entries next below. 

"See note 7 above. 



190 Secret Journals of the Senate 

Secret Session Friday 1840 
Mr Everitt introduced a letter from Messrs Crawford aiul 

Shepherd^^ which was ordered to be filed in the archives of the 

gov. TD merit. 

Mr Potter moved that the Secretary call upon the President and 

get the message announcing the rejection of Wm F Henderson. 

Motion lost 

On motion the nomination of James W Simmons as Treasurer 

was taken up and confirmed^* 



Secret Session Deer 23rd 1840 
A message from the President nominating the Hon ^Vm Menefee 
as Sec[retar]y of the ,Treasur\^ [was] read doors opened 

Executive Departm[en]t 
Dec. 1840^5 
To the Senate 

I take g]'eat pleasure in nominating the Hon[ora]ble William 
Menefee as Secretary of the Treasury, and respectfully ask, if the 
nomination be acceptable to the Senate, that it may be confirmed 
without delay, as it is of some importance that the Head of that 
Department should forthwith enter upon his duties. 

Yours etc 
Mirabeau B. Lamar^^ 

Secret Session Deer 23rd 1840 
A message from the President nominating Thos Yv^ Ward as Com- 
[missionejr of the General Land Ofdce [was] read 

Executive Department 
To the Senate December 23rd 1840^' 

Gentlemen 
I take pleasure in presenting to your consideration the following 
nomination, and to request your concurrence in it 

Thomas W Ward Commissioner of the General Land Office 
The resignation of Mr. Borden was received some days ago. 

David G Burnet, 
doors opened 

"The letter from Crawford and Shepherd has not been found. 

"A letter from the President's Private Secretary to the Secretary of State, 
dated December 9, 1S40, states that James W. Simmons was confirmed on 
December Sth. (MS. in Senate Confirmations. Texas State Library.) 

''See note 7 above. 

"President Lamar asked for leave of absence from the Republic on Decem- 
ber 12th. A joint resolution granting the leave of absence requested vtaa 
passed and npprovefl same date. Vice president Burnet sent in his first mes- 
Bago December IGih. 

^'See note 7 above. 



Kepublic of Texas 191 

Secret Session Deer 24th 1840 
On motion the Senate took np and confirmed the noonination of 
W. H. Watts as Collector of Revenue of the Port [of] Lavacca 



j Secret Session Deer 28th 1840 

I On motion the nomination of .T. Ward Com[missione]r of the 

■; General Land Office was taken up Yeas and Nays on the confirma- 

I tion Those that voted in [the] affirmative are iMessrs BjTne Dan- 

I g^erfield Jones Kendric Moore Muse and Potter 7 Those in the nega- 

I tive are ^lessrs Barnett Greer Gaines Lester Miller and Stroud 6 

I Nomination confirmed. 

On motion the vote confirming the nomination of T "Ward was 
reconsidered and the nomination laid on the table 



Secret Session ° Deer 29th 1840 

A communication from the President was rec[eive]d and read 

announcing- a desire to withdraw the nominations of Edward S 

Jones Second Lieut [enant] First Reg[iment] of Infantry also Charles 

Brame for the same office which request was granted. 

Executive Department 
,To the Hon[ora]ble Austin 28 December 1840i« 

The Senate 
Gentlemen 

I am induced by representations from the War Department to re- 
quest the withdrawal of the following names submitted to you by 
President Lamar — to wit 

Edward S Jones, Second Lieutenant First Regiment Infantry 
Charles Brame Ditto Ditto 

both of whom are charged with unofficer like conduct. 

David G Burnet 

On motion of Mr iNIuse a committee of three was appointed to 
send for papers and persons etc Com[raittee] ]\Iessrs Muse Greer 
and Barnett 



Senate Chamber, January 4th, 1S41 

In Secret Session, 4 o'clock P. M. 

On motion of Mr ^loore the Senate took up the nomination of 

Thomas Wm Ward for Commissioner of the General Land Office 

Mr Kendrick mOved that the numinntion be confirmed. The Aj.'cs 

and Noes being called for stood as follows Those v.ho voted in 

the affirmative were ]\Iessrs. Byrne Dangerfield Kendrick Jones 

"See note 7 above. 



192 Secret Jourx.sxs of the Senate 

]Moore ^Iiise Potter 7 Those who voted in the negative were 
Messrs Barnett Gaines Greer Lester and Stroud 5. Noonination 
confirmed. 

IMr Greer moved to take up the nomination of William Menefee 
for Secretary of the Treasury. ^Motion lost, and the nomination was 
laid on the table. 

On motion of ]\Ir Kendrick the injunction of secrecy was removed 
from the Journal of the 29 th November 1839. 

On motion of IMr Greer the injunction of secrecy was removed 
from to-day's Journal so far .as relates to the confirmation of T. W 
Ward. 



Secret Session Jany 12th 1841 
A message from the President announcing the following nomina- 
tions 

Executive Department. 
Austin, January 12th, 1841.^^ 
To the Hon[orable] Senate, 
Gentlemen, 
I have the honor to submit to your consideration the following 
nominations, and to solicit your concurrence: 

John H. Brower, Consul at New York, U. S., vice A. W. Radcliff, 
removed. 

Moses Patten. Consul at Bangor, Maine, U. S. 

Benjamin Drake. Consul at Cincinnati Ohio U. S. vice R. W. 
Burnet, declined. 

Francis Guerney Smith, Consul, Philadelphia, Penn. U. S. 
Calvin C. Jackson, Consul at Detroit, Michigan, U. S. 
Thomas Harvey, Notary Public for ]\Iatagorda, to take effect at 
and from the 23d inst[ant] when his time will expire. 

David G Burnet 

A Bill to be entitled an act to repeal the two Joint Resolutions of 
Congress in Secret Session etc 
Or[dered] to lie on the table 

A BilP« 

To be entitled an act to repeal the two Joint Resolutions passed at the 
last Session of Congress in Secret Session on the subject of establish- 
ing amicable relations with I\rexico and for other purposes. 

"See note 7 above. 

-'This copy of the bill was made from the orieinal in the Papers of the Fifth 
Congress. The endorsements on the bill show that it passed the House on 
November 25, 1S40, but was tabled after its first reading in the Senate. 



Republic of Texas 193 

Sec 1. Be it enacted by the Senate and IIousc of Representatives 
of the Republic of Texas in Con<?ress assembled, Jhat the follow- 
ing Joint Resolutions, to wit. A Joint Resolution on the subject 
of establishing amicable relations with Mexico approved 21st of De- 
cember 1889, and also an additional Joint Resolution relative to the 
pacification and adjustment of existing difficulties between Texas 
and Mexico, approved 21st of December 1839, and passed in s^^icret 
session, be and the same are hereby repealed. 

Sec 2. Be it further enacted. That all laws heretofore passed 
authorizing the obtaining of a loan or loans be and the same are here- 
by repealed. 

Sec 3. Be it further enacted. That the President be and he ia 
hereby authorized and required to recall forthwith our Loan Com- 
missioners Messrs. Hamilton and Burnley, and that he instruct them 
to cease any further negotiation to obtain any loan or loans. 

Sec 1. Be it further enacted that this act shall take effect from 
and after its passage. 



Secret Session Jany ISth 1S41 
Mr Potter moved that the injimction of secrecy be entirely re- 
moved from the proceedings of Col[onel] W F Grays ecnfirmation 
etc ]\Iotion carried 

On motion the nominations from the Executive was taken up 
Sam Hews Notary Public Refugio C[ouu]ty Mr Byrne moved 
[that] it lie on the table as Mr Hews had refused to act Motion car- 
ried 

The following nominations were taken up and confirmed 
John H Brower Consul at New York U S 
Moses Patten Consul at Bangor ]Maiue U S 
Benj Drake Consul at Cineinatti Ohio U S 
Francis Giurney Smith Consul at Philadelphia Penn U S 
Calvin C Jackson Consul at Detroit ^Michigan U S 
Thos Harvey Notary Public Matagorda 

The nomination of \Ym S a\renefee. ^Motion to lay it on the table 
Yeas and Nays called for. Yeas ^Messrs Byrne Dangerfield Kendrick 
Lester Moore 5 Nays Messrs Barnett Gaines Greer Jones Muse Potter 
and Stroud 7 .Motion lost. Question on the confirmation Yeas and 
Nays called for Yeas Byrne Dangeriieid Kendrick Lester and Potter 
5 Nays Messrs Barnett Gaines Greer Jones ^looi'e Muse and Stroud 7. 
refused to confirm 

The nomination of Craig was laid upon the table 
The followiuir nominations was taken up and (.-ontirmed 
Edward AYeightman Ass[istan]t Surgeon 



194 Secret Journals op the Senate 

Robt Scott First Lieut [enant] First Eeg[imen]t Infantry refused 
to confirm 

Jno C Howard [Second] Lieutenant First Regiment Inf[antr]y 
confirmed 

Reuben Roberts [Second] Lieutenant First Regiment Inf[antr]y 
confirmed 

Chas Burgess [Second] Lieutenant First Regiment Inf[antr]y 
confirmed 

Thos Johnson [Second] Lieutenant First Regiment Inf[antr]y 
confirmed 

E S Ratcliff [Second] Lieutenant First Regiment Inf[antr]y re- 
fused to confirm 

N. E. Berry [Second] Lieutenant First Regiment Inf[antr]y con- 
firmed 

Saml Ellison [Second] Lieutenant First Regiment Inf[antry] 
confirmed 

Robt Patton [Second] Lieutenant First Regiment Inf [antr]y con- 
firmed 

J C Morgan [Second] Lieutenant First Regiment Inf[antr]y eon- 
firmed 

Doors opened 



Secret Session Jany 19tli 1841 
Mr ]\roore moved a reconsideration of the vote upon Wm S Mene- 
fees nomination Yeas and Nays called for Yeas Messrs Byrne Dan- 
gerfield Kendrick Lester Moore and Potter 6 Nays jMessrs Barnett 
Gaines Greer Jones and JMuse 5. Motion carried. On motion the 
nomination was laid upon the table until half past three o'clock P. 
M. Thursday. 

Mr Dangerfield offered the following Resolution 
[Resolved.] that when an Executive nomination has been definitely 
acted upon by the Senate in secret session that the secrecy of the 
sa^sion as far as the result of such definite action is in eveiy case 
removed, unless the Senate is notified that the vote will be reconsid- 
ered Adopted 



Secret Session. Jany 21st [18] 41 

A message-^ from the President withdrawing the nomination of 

Wm. S. ^Menefee for Soc[retar]y [of the] Treasury, leave granted. 

"A copy of thus message has not been found. 



Eepublic of Tex^vs ' 195 

Executive Department, 
To the non[orable] Senate, Austin, Jan[uar]y 22d 18-11." 

Gentlemen, 
•The following Gentlemen are presented to your C()nsideration in 
the hope that you will confirm them in the respective appointments 
attached to their names. 

Kobert ^l. Forbes, Notary Public at Columbia, Brazoria county. 
Willard Richardson, Notary Public for Refugio Co[unty]. 
Wellington Donaldson, Notary Public at the Town of Calhoun 
Matagorda County 

George M. Collingsworth, Collector of Customs at Port Calhoun. 

David G Burnet 



Secret Session Jany 25th ISll 
A communication from the President was received and read also a 
treaty of commerce and navigation, accompanying documents 

Executive Department 
To the Honorable Austin 25th January 1811-^ 

The Senate, 
Gentlemen 

I have great gratification in submitting to your inspection the ac- 
companying "treaty of Commerce and Navigation between the Re- 
public of .Texas and Great Britain", which has been recently nego- 
ciated on our part by our distinguished fellow citizen, Gen[era]l 
James Hamilton, 

The stipulations of the treaty with this ancient and distinguished 
power of Euro])e. are such as might be expected from the Mother of 
the Anglo-Saxon race. They are based on the most liberal principles 
of reciprocal rights and benefits to the high contracting parties. And 
I cannot [refrain?] from congratulating the Senate and the people 
of Texas, on the reception of a treaty which introduces the Single 
Star into the Ports of Great Britain on the same terms with the most 
favored nations. 

There are reasons of some moment why the constitutional action 
of the Senate in relation to this important document should not be 
unnecessarily delayed. 

David G Burnet 

On motion a comraitte was appointed to wait upon the President 
and get the Treaty between Great Britain and Texas 

''See note 7 above. 



19b* Secret Journ.vls of the Senate 

Com[mit]tee ^Messrs. Potter, Kendric and Danirerfield the com- 
mittee repaired to returned and reported a discharge of their 
duties. 

.The said treaty-^ was then read first time. 

On motion the doors were opened 



Secret Session Jany 26th 1841 
A communication from the President was received and read, also 
copies of letters addressed to and from Gen [era] 1 James Hamilton-' 
also a copy of a convention relative to debt.-® 

Executive Department 
To the Honorable Austin January 26th 1841.-* 

The Senate, 
Gentlemen 

I have the honor to present to your consideration copy of a Con- 
vention recently entered into by our Commissioner, Gen [era] 1 James 
Hamilton, with the government of Her Britannick Majesty. 

The grand purpose of this agreement is to bring about an early 
pacification between Texas and Mexico; — And it is certainly in ac- 
cordance with every impulse of humanity and every suggestion of 
sound polic3\ to desire the consummation, on principles of wisdom 
and justice, of such a purpose. It will be recollected by the Hon- 
orable Senate, that at the last Session of Congress, sundry Secret 
Joint Resolutions (a copy of which is herewith transmitted) were 
adopted, conferring upon the Executive discretionary power to do 
all things which have been done by the Com.missioner on our part. 
This Convention therefore assumes an aspect more solemn, and its 
obligations are more sacred and conclusive than ordinary compacts 
between diplomatic agents of governments. 

The principal stipulations of the Convention are, the acceptance 
by .Texas of the mediation of Her Britannick Majesty, and the agree- 
ment to assume One Million pounds Sterling of the Mexican For- 
eign Debt, in the event of a permanent peace being made and ratified 
between Texas and ^lexico. By reference to a letter (copy of which 
is enclosed) from Gen [era ]1 Hamilton, dated Tjondon Dec 3d 1840, 

^This treaty is printed in Cammel, Laics of Texas, II SS0-S85. 

-*See note 7 above. 

^Since the letters to and from General Hamilton are not enumerated, it is 
impossible to identify thein now. The letter referred to by the President in 
his message is printed in Garrison, Diplomatic Correspondence of the Re- 
public of Texas, II. 

'*The convention is printed in Gammel, Laics of Texas, II SSG-7 



Republic of Texas 197 

it will be observed that the English Cr(5clitors of Mexico, are desirous 
to commute the million pounds, for lands situated between the river 
Nueces and the Rio Grande. Population being one of the principal 
wants of the Country, it would seem to me that such a commutation, 
judiciously arranged and carried out, would convert the assumption 
to pay One ^lillion of pounds, into an agreement to receive its full 
equivalent in benefits. 

I have recently suggested to the Congress the probability, that 
Mexico, in the plenitude of her national vanity, would venture to 
reject this mediatorial agreement. Should such prove to be the fact. 
how^ pre-eminently advantageous would be the position of Texas? 
And with what hopes of eventual success, founded on the universal 
sympathy of nations, and the righteousness of her cause, may she 
turn her utmost energies, to the last resort of an injured people? 
But if on the contrary, Mexico shall accede to the friendly proposition 
of Her Britannick ^Majesty, and a speedy pacification shall ensue, 
who can estimate the manifold benefits that will result to our young 
Republic ? 

I would respectfully suggest to the Senate the propriety of ap- 
pending to the ratification of this Convention a declaration, a 
priori, that no treaty shall be made with Mexico prescribing any limit 
to Texas, within or short of the boundary as defined by an Act of 
Congress approved December 19th 1836. 

David G Burnet 

yiv. Greer moved that the Sec [retarjy have leave of absence to call on 
the President and get the original document relating to the conven- 
tion of debt. Motion carried. The Sec[retary] repaired to, re- 
turned, and reported the document referred to which was read first 
time. 

Tlie treaty between Great Britain and Texas was read second time 

Mr Greer offered the following resolution, 

.That the Senate advise and consent to the ratification of the treaty 
of commerce and navigation between the Republic of Texas and 
Great Britain concluded at London by Gen [era] 1 James Hamilton 
and Lord Viscount Pahnerston their Plenipotentiaries. Yeas and 
Nays called for on the ratification. Those that voted in the affirma- 
tive are ^lessrs. Barnett, B^'rne, Dangerrieid, Gaines, Greer, Jones, 
Kendric, Lester, Moore, ^luse, Potter and stroud, 12 — a unanimous 
vote 

Mr. Greer moved that the injunction of secrecy be removed as re- 
gards the ratification of the Treaty between Great Britain and Texas. 
Motion carried. The doors were then ordered to be opened 

16 — Lib. 



198 Secret Journals of the Senate 

Secret Session Jany 27, 1841 
Joint Resolution past in secret session last session authorizing 
James Hamilton to form a treaty ^vitli Mexico was I'ead. Also the 
Convention relative to debt was read section by section Yeas and 
Nays were called for on each section Those that voted in the af- 
firmative on each section were Messrs. Barnett, Byrne, Dangerfield, 
Gains, Greer, Jones, Kendric, Lester, Moore, Muse and Stroud. 11, 
Mr Potter voted in the negative 

Mr Greer moved that the proceedings lie on the table until to- 
morrow Motion carried' ,The doors were opened 



Secret Session Jany 28th 1841 

The convention relative to debt was read third time A Resolu- 
tion that the Senate advise and consent to the ratification of the con- 
vention betvreen the President of the Republic of Texas and her 
Majesty the Queen of Great Britain concluded at London on the 14th 
day of Nov. 1840 by Gen [era] 1 James Hamilton and Lord Viscount 
Palmerston their respective Plenipotentiaries read first time rules 
suspended read second time Yeas and Nays called for on the adop- 
tion of the Resolution Yeas i\Iessrs, Barnett, Byrne, Dangerfield, 
Gains, Greer, Jones, Lester, Moore, Miller and Stroud. 10. Mr 
Potter voted in the negative 

Mr Dangerfield offered a Resolution, That the honor, dignity and 
interest of the Republic of Texas demand that a strict adherence to 
the boundaries of this Republic as defined by a law passed and ap- 
proved Dec[embe]r 19th 1836 should be inviolably maiiitained Read 
first time 

A message-' from the President was read, also a treaty between 
Texas and the Netherlands was read first time 

The doors were then opened 



Secret Session Jany 29th 1841 
.The treaty between Texas and the Netherlands was read second 
time-^ 

A Resolution that the Senate advise and consent to the ratification 
of the Treaty of Friendship conmierce and navigation between the 
President of the Republic of Texas and Ilis Z\ra,jesty the King of the 
Netherlands, concluded at the Hague on the 18th day of Sept [ember] 
1840 by Gen [era] 1 James Hamilton, and the Baron Yerstolk de 
Soelen their respective Plenipotentiaries, read first time, rules sus- 
pended read second time and adopted unanimously 

"A copy of this message has not been found. 

^This treaty is printed in Ganimel. Laics of Texas, II 90:.-912 



Republic of Texas 199 

On motion the injunction of secrecy was taken off of the ratifica- 
tion of the treaty of Netherlands. 

A message from the President announcin.^ the nomination of 
Gen [era] 1 James Hamilton as Minister Plenipotentiary and Envoy 
Extraordinary to the Court of St. James, read 

Executive Department 
Austin 2Sth Jan'y, 1841.--' 
To the Hon[orable] Senate, 
Gentlemen, 

I have the honor to present to your consideration the name of Gen- 
eral James Hamilton as ]\Iinister Plenipotentiary and Envoy Ex- 
traordinary to the Court of St. James. 

In order to present to the Senate the peculiar reasons why this 
nomination is made, I enclose an extract from a letter recently re- 
ceived from Gen [era] 1 Hamilton, which I trust will satisfy the Sen- 
ate of the propriety of this measure. The law regulating the grades 
of Ministers to foreign governments is inapplicable to the present 
case, inasTQucli as the government of Great Britain has not yet af- 
fixed the grade of their diplomatic representative to this Republic. 

David G Burnet 

Extract of a letter from James Hamilton bearing date, London, Dee. 
3d, 1840. 

"With a view to have the Gov[ernmen]t introduced to the Court 
of her ^lajesty, I would respectfully ask you to have me nominated 
as Minister Plenipotentiary and Envoy Extraordinary to the 
Gov[emmen]t of her Britannic I\Iajesty. I do not wish a Sec[retar]y 
of Legation, and as soon as the Exchange of the Ratification is made 
in London, I will come home and you can appoint a Cliorge which I 
suppose will be the grade the British Gov[ernmenjt will send. But 
until the Ratifications are exchnnged in London I think it best to re- 
main with my present rank. It will be necessary now to have my 
name sent in." 

The doors were ordered to be opened 



Secret Session Jany 30th 1841 

,The Journals were read and adopted 

Mr Potter moved that the injunction of secrecy be removed from 
the transactions on the treaty relative to debt. Motion lost. 

;Mr ^loore moved that the injunction of secrecy be removed so far 
as to the ratification of the convention relative to debt, precluding 
the terms thereof •Motion carricvl 

^See note 7 above. 



200 Secret Journals of the Senate 

The Resolution by Mr Daricrerfiold That the honor dignity and 
interest of the Republic of Texas demand that a strict adherence tc 
the boundaries of this Republic as defined by a law passed and ap- 
proved Deer. 19th 1836 should be inviolably maintained adopted. 
to which ]\rr Potter offered an amendment, That the convention be- 
tween Great Britain and the Republic of Texas relative to debt is 
ratified by the Senate subject to the provisions of this Resolution. 
Amendment rejected 

On motion the Senate took up the nomination of James Hamilton 
as Minister etc, to the Court of St. James Yeas and Nays on the con- 
firmation. Yeas, ^lessrs. Barnett, Byrne, Danf>-erneld, Gaines, Jones, 
Kendric, Lester, ]\Iiller and Stroud Nays Messrs. Greer and Pot- 
ter 2. Nomination confirmed 

A messag'e from the President announcing the 'Nomination of G. 
W. Terrell for Sec[retar]y of State and J. G. Chalmers Sec[retarly 
of the Treasury 

Executive Department 
To the Honorable Austin, January 30th, 1841."^ 

The Senate, 
Gentlemen 

I have the honor to submit the following nominations and to re- 
quest your concurrence. 

G. AV. Terrell, for Secretary of State. 

J. G. Chalmers, for Secretary of the Treasury. 

David G Burnet 

Secret Session 5 o'clock Jany 30th [1841] 
A message-"'^ from the President announcing the following nomina- 
tions 

John Holland Dist[rictj Att[orne]y for the Fifth Jud[icial] 
Dist[rict] 

John Hamilton Notary Public for Jasper County 
Henry Fisher Notary Public Houston Harris County 
On motion the following nominations were taken up 
G W Terrell for Sec[retar]y of State Yeas and Nays called for on 
the nomination Yeas, Messrs. Barnett, Byrne, Dangerfield, Gains, 
Greer, Jones. Kendric, Lester, ]\liiler, Moore and Potter 11. Noes 
^lessrs. ]\ruse and Stroud 2. nomination confirmed 

John G Chalmers for Sec[retar]y of the Treasury Yeas and Nays 
called for on the confirmation. Yeas Messrs Barnett, Byrne Dan- 

'"See note 7 above. 

•'A copy of this message has not been found. 



Republic op .Texas 201 

Lrerfield, Gains Greer. Jones, Kendric, "Moore, ]\Iuse, Potter and Stroud 
11. Nays, Messrs Lester and Miller 2. Nomination confirmed. 
Doors were then Opened 



Secret Session Feby 3rd 1811 
A message from the Executive wishing to withdraw the nomina- 
tion of John Holland as District AttTornely for the Fifth Jud[icialj 
Disf[rict.] read and ord[ere]d to lie on the table 

Executive Department 
To the honorable Austin Feby 2d ISll^ 

The Senate 
Gentlemen 

In consequence of information very recently received, I am con- 
strained to request the withdrawal of the nomination of John Holland 
as District Attorney for the fifth Judicial District. 

David G Bu>'net 

Mr Potter offered a Resolution that the President be and he is 
hereby requested in the event of a loan being effected by our Com- 
missioner GenFeral] James Hamiltc/n and A. T. Burnley, Esq.. to 
hold said loan and every part thereof subject to the future disposi- 
tion of Congress Read first time 

^fr. Potter moved to remove the injunction of secrecy entire as 
regards the transactions of the Senate in relation to the convention 
relative to debt. Yeas and Nays called for Yeas, ]\ressrs. Danger- 
field, Jones, ]\Iiller and Potter 4. Noes Messrs Barnett, Byrne, 
Gains. Greer. Kendric. Lester, ^loore, Muse and Stroud 9. Motion 
lost. 

Doors opened 



Secret Session Feby 4th 1841 
A Resolution that the President be and he is hereby requested in 
the event of a loan being effected by our Commiss[ioner]s Gen [era jl 
James Hamilton and A. T. Burnley Esq, to hold said loan and every 
part thereof subject to the future disposition of Congress read second 
time and adopted 
On motion of ^Mr Potter a copy was sent to the Executive 
A message from the President announcing the nomination of Jo- 
nathan Ikin as Consul at London Engl [an] d 

*See note 7 above. 



202 Secret Journals of the Senate 

Executive Department 
To the Honorable . Austin Feby 4 1841'^ 

.The Senate 
Gentlemen 

I take pleasure in submitting to you, the nomination of Arthur 
Ikin as Consul at the City of London, England. 

David G Burnet 

On motion the rule was suspended, the nomination taken up, and 
confirmed. 

Also the nominations following were taken up and acted upon 

John Hamilton Notary Public Jasper County confirmed. 

Henry Fisher Notary Public Houston Harris Co[un]ty, con- 
firmed. 

James Hamilton Minister to treat with Belgium also Holland con- 
firmed 

James Hamilton to negotiate with France for a loan laid upon the 
table 

On motion the doors were opened 



Secret Session Feby 5th 1841 
A message'* from the President announcing the nomination of Wm 
B Scurry as Att[orne]y for the Fifth Judicial Dis[trict] read 
rules suspended the nomination taken up and confirmed 
The doors ord[ere]d opened 

'"See note 7 above. 
•*A copy of this message has not been found. 



SIXTH CONGRESS 



Roll of Senators 
George "W. Baraett, for the District of Washington and Montgomery. 

James W. Byrne, for the District of Goliad, Refugio and San Pa- 
tricio. 

William H. DaincjerfieldS 1 . , ^. . 

Ludovic Colqnohoim\, f "^ ^^' ^''^'^'^ ^^ ^^^^^"- 

James Gaines-, 1 . . ^. . „ ^, ^^ 

J -o -j 112 f-ioi" "t^e District of Shelby, Sabine and Harrison. 

John A. Greer, for the District of San Augustine. 

Thomas IMcFarland, for the District of Jasper and Jefferson. 

Wvlv Martin^ 1 

^it *' "-r , ' ^for the District of Austin, Colorado and Fort Bend. 

Oliver Jones% ' 

Francis Moore, for the District of Harris, Liberty and Galveston. 

K. H. Muse, for the District of Nacogdoches and Houston. 

Clark L. Owen, for the District of Matagorda, Jackson and Victoria. 

Timothy Pilsbury^ 1 . ... -p,. , • , . -^ 

-rxT-iT TT X w hior the District oi Brazoria. 

William H. Jack*, J 

, rp". 5 ' l^or the District of Red River and Fannin. 

James Shaw, for the District of Robertson and Milam. 

James Webb, for the District of Bastrop, Fayette, Gonzales and 
Travis. 

' Officers of the Senate^ 

David G. Burnet, Vice President until December 13, 1841. 

Edward Burleson, Vice President inaugurated December 13, 1S41. 

John A. Greer, President pro tempore. 

Alexander C. ]Macfarlane, Secretary. 

^"W. H. Daingerfield resigned his seat in the Senate about February 5. 
1842, to become Secretary of the Treasury; L. Colquohoun was elected his 
successor in the Senate. 

=Jame3 Gaines resigned after the close of the regular session; L. Randall 
was elected his successor. 

»Wyly iMartin died April 26, 1842; Oliver Jones was elected to fill the 
vacancy. 

*T. Pilsbury resided after the close of the regular session; W. H. Jack 
was elected his successor. 

•Robert Potter was murdered about April 1, 1842; J. Titus was elected to 
fill the vacancy. 

•The officers of the Senate for the Called Session were the same as those for 
the regular session. 



SIXTH CONGRESS 

First or Regular Session 

Secret Session 

Senate Chamber Novr 10th, ISil.^ 

Wednesday Morning, Vz past 10 'Clock A. M. 

The message from His Excellency the President informing the 

Senate of the following appointments made since the adjournment of 

the last congress was taken up. 

Executive Department 

To the Hon[ora]ble Senate Austin Novr 10th 184:1- 

Gentlemen, 

The enclosed document from the State Department contains the 

appointments made since the adjournment of the last Congress, which 

I respectfully lay before the Senate for its confirmation or rejection. 

Respectfully ,,. , ^ ^ 

. Mirabeau B. Lamar. 



List of appointments by the President since the adjournment of the 
fifth Congress, as per Register of the State Department. 



1S41 Xames 


Office. 


Sept. 
April 
Aug. 
Mar 




Secretary of State. 


24 Alt'xaudt-T MfGuriy 

2;; .Sanni.'I G. Taylor 

fy Ira M FrcfTiian * - 


Consal at Cincinnati, Ohio. 
Consul at Norfolk, Va. 
Xotarv Public Houston County. 


-Mar. 
Mav 


15 William H. Austin 

11 Cliarles B. Stewart 


Xotary Public, Port San Louis, Brazoria 

County. 
Notary Public, 3Ionti?omery County. 


June 
June 


SRob't Ros- 

11 .Tohn W Smitli 


Notary Public, G;ilveston County. 
Notary Public, Bexar County. 


Julv 


12 William O'Conncll - 


Notary Public, Bastrop County. 


Mar. 


"G William F Jnhn«on _- 


Notary Public, ^latagorfla County. 


loThonias M. Duke — 


Collector of Customs. Port of Calhoun. 



Reubfvi 31. Potter 

Patrick C. Jack 

Ricliard Morris 

Ptter W. Crray 

Elijah Gossett j Chief Justii 

Jo-^pph T.ec i Chief Jr.stir 



James Cuopi^r 

Geori:^^ W. I'rownin? 

Sam;;.jl 3IcIIenrv 

A. S. McDonald.- 

W. B. Goodman 

Wm. H. Euincr 

Alexander P Crittcnden_. 



(Collector of Customs, Port of Velasco. 
District Judge. Sixth Judicial District. 
District Judge, First Judicial District. 
District Attorney, First Judicial District. 

Plouston County. 

Travis County. 

Spriner Cre<-k County. 

Burnett County. 

Harrison County. 

Victoria County. 

San Patricio County. 

Washington County. 

Brazoria County. 



Chief Justice, 
Chief Justice, 
Chief Justice, 
Chief Justice, 
Chief Justice, 
Chief Justice, 
Chief Justice, 



^There are two sources for the secret senate journals of the sixth congress. 
First, there is the volume described in the first paragraph of note 1 to the 
secret journals of the third congress. Tlie journals of the regular session 
embrace fifteen pages of said volume. Secondly, the Secretary of the Senate's 
draft of the secret journals is [(reserved among the papers of the Sixth 
Congress. The journals as printed here follow in the main the volume re- 
ferred to; it adheres closer to the ordinary style of capitalization, punctua- 
tion and paragraphing: however, careful comparisons have been made 
throughout wiih the secretary of the senate's draft of the journals. 

-The message here printed has been compared with and made to conform 
to the original. 



206 Secret Journals op the Senate 

The office of Chief Justice of Goliad County is vacant by the re- 
signation of Win. L. Hunter Esqr, also of the County of Fort Bend 
by the election of TVyley IMartin Esqr to the Senate. 

Department of State 
To His Excellency Austin 28th October 1841 

Mirabeau B Lamar. 
Sir, 

I have the honor to transmit to you the above list of appointments 
made since the adjournment of the last Congress, as per Register of 
this Department, together with vacancies in the office of Chief Justice 
in several counties. 

I have the honor to be Your Obt Servant 

Samuel A Roberts 
Secretary of State 

Executive Department 
To the Honorable Senate Austin November 10th 1841^ 

Gentlemen 
I hereby nominate Gen [era] 1 George S. Mcintosh as Charge 
d 'Affaires to the Government of the King of the French, and also 
Thomas Gales Forster as Secretary of Legation to the same place, 
and respectfully request your confirmation 

Respectfully 

Your Obdt Servt 
Mirabeau B. Lamar. 

Executive Department 
To the Hon[ora]ble Senate Austin Novr 10th 1841^ 

Gentlemen 
I hereby nominate Peter McGreal as District Attorney for the 
Second Judicial District of this Republic, and request your confirma- 

tioii Respectfully 

Mirabeau B. Lamar. 

Executive Department 
To the IIon[ora]ble Senate Austin Novr 10th 1841= 

Gentlemen 
I hereby nominate Benjamin F Johnson as Treasurer of the Re- 
public, in place of James W. Simmons, left for the United States, 
and request your confirmation Respectfully 

Mirabeau B. Lamar. 
•See note 2 above. 
*Ibid. 
'IMd. 



Republic of .Texas 207 

Executive Department 
To the Hon[ora]ble Senate ' 10th November 184r 

Gentlemen 
The enclosed list of Naval appointments made during the recess of 
c!ongress is respectfully laid before the Senate for rejection or con- 
firmation. Respectfully 

Mirabeau B. Lamar. 

Department of War 
Naval Bureau 9th Nov 1841 
To His Excellency M. B. Lamar 
Sir 
In compliance with your request of this date, I have the honor to 
present a List of the officers attached to the Navy: Of whom the 
following have been retained in accordance wdth an act of Congress, 
entitled An Act to abolish certain offices, etc. Approved the 18th 
of January 1841; to wit. 

Edwin TV. Moore, Post Captfain]. 
J. T, K. Lothrop, Commander. 
T. M, Taylor, Lieutenant. 

E. P. Kennady, Lieutenant. 
D. H. Crisp, Lieutenant. 
William Oliver, Lieutenant. 
"William Seeger, Lieutenant. 
William C. Brashear. Lieutenant. 
Alfred G. Gray, Lieutenant. 

A. J. Lewis, Lieutenant. 
J. B. Gardiner, Surgeon. 
R. M. Clark, Ass't Surgeon. 
Norman Hurd, Purser. 

F. T. Wells, Purser. 

In addition to the officers above mentioned it was found impera- 
tively necessary to retain four more Lieutenants; two of whom were 
placed upon the Coast Survey, for the making of which, An act was 
approved on the 26th of January 1839. And the remaining two per- 
formed duty on board the Schooner San Bernard, (the vessel ordered 
to Yera-Cruz with the Hon. James Webb, the jMinister from this 
Government to that of Mexico). The names of these four officers 
are as follows: to wit: 

J. P. Lansing, Lieutenant. 

Wm. A. Tennison, Lieutenant. 

A. A. Waite, Lieutenant. 

Cyrus Cummings, Lieutenant. 

•See note 2 above. 



208 Secret Journals of the Senate 

After making the arrangements with the Gov[ernmen]t of Yu- 
catan, it was found necessary to make a few more appointments. 
The names of the Gentlemen thus appointed are 
Powhatan Archer, First Lieut [enant] of ^Marines. 
J. M. Swisher, First Lieut [enant] of Marines. 
Reuben ^M. Roberts, First Lieut [enant] of Marines. 
J. F. Stephens, Purser. 
\Ym. F. ]Maury, Purser. 

The rank of Lieutenant has been ordered to be fixed by a Court 
of Examination, which has not as yet reported a performance of its 
duties. Their names are consequently placed on the above List, with- 
out regard to rank. The three Lieutenants of IMarines, recently ap- 
pointed, possessing equal Ciualilications, have been given equal rank. 
All other appointments rank by date, as written above. 

Very Respectfully 
Your Obt Servt 
B. T. Archer 
Sec[retary] of War and Navy 

P. S. Since making the foregoing List, it has been deemed pro- 
per to inform Your Excellency of the names and rank of the war- 
rant officers now in the Xaval Service, which are as follows, to wit: 

Daniel C. YTilber ^Master 

Charles B. Shaw ^Master 

Robert Clements ^Midshipman 

J. R. Creecy Midshipman 

J. N. Postell ]\Iidshipnian 

Alex'r G. Peyton ]\ridshipman 

John R. Wooldridge ^Midshipman. 

Fenwick Smith ]\Iidshipman 

G. H. Parker, I\Iidshipman. 

H. S. Garlick, ^Midshipman. 

Edward Johns, Midshipman. 

S. L. Miller, Midshipman. 

A. G. Goodall. ^Midshipman. 
■ Duke L. Falkner, Midshipman. 

On motion of 3Ir. I\roore, the doors were opened. 



Senate Chamber, 
Thursday iMorning Nov 11th ISll '^past 11 O'Clock A. M. 
Secret Session 
A message from tlie President informinix the Senate of the ap- 
pointment of F. A. ^lorris Attorney General. 



Republic of .Texas 209 

Department of State 
Austin No%T 11th 1811^ 
To the Hon[ora]ble David G Burnet 

President of the Senate. 
Sir, 

In the list of appointments by the President, since the adjournment 
of the last Congress, made out from the Register of this Depart- 
ment addressed to him, and which was sent to the Senate on yes- 
terday, the name of F. A. Morris, Attorney General, was aecidently 
omitted, his appointment bears date 10th May 1841. 

I am requested by the President to inform the Hon[ora]ble Sen- 
ate of this omission. 

I have the honor to be Your Obdt Servant 

Joseph Waples 
Ch[ie]f Cl[er]k Dep[artmen]t of State 

On motion of Mr. Moore, the nomination of Peter McGreal as Dis- 
trict Attorney for the Second Judicial District was taken up and 
confirmed. 

On motion of ]\rr. ]\roore, the doors were opened. 



Senate Chamber Friday Morning Nov 12th 1841 

Secret Session ' Vo 10 'Clock A. M. 

On motion of JMr. Moore, the nomination of Benjamin F. John- 
son, as Treasurer of the Republic, was taken up. 

On motion of ]\[r. Webb, said nomination was confirmed. 
On motion of 'Mv. Greer, the various nominations were laid on the 
table until I\Ionday. 

On motion of ^Mr. Moore, the doors were opened. 



Secret Session. 

Saturday Nov 20th 1841 
y2?ast 12 O'clock P. M. 
On motion of 'Mr, Potter, the nominations of the Civil List were 
taken up, and the following nominations were confirmed. 
F A. ^Morris, Attorney General. Republic of Texas. 
Alexander IMcGutfy, Consul, Cincinnati Ohio. 
Samuel G Taylor. Consul, Norfolk Virginia 
Ira ]\I Freeman, Notary Public, Houston County. 
Charles B. Stewart, Notary Public ^Montgomery County. 
John AT. Smith, Notary Public, Bexar County. 

^See note 2 above. 



210 Secret Journ.\jls of the Senate 

Thomas M Duke, Collector of Customs, Port Calhoun. 
On motion of Mr. Moore, the doors were opened. 



Executive Department 
Austin December 2d 1841' 
To the non[ora]bIe Senate, 

I hereby nominate John Hamilton and Samuel P. McFarlane as 
Notaries Public for the County of Jasper to fill vacancies occasioned 
by the expiration of the term of office of "Wm. Myers and H. W. 
Sudduth. I also nominate Joseph Waples a Notary Public for Tra- 
vis County, and respectfully request your confirmation. 

Mirabeau B. Lamar. 



Senate Chamber. 
Friday Decemr 3rd 1811 
12 O'clock M. 

On motion of Mr. Potter, the injunction of secrecy, relative to the 
convention "with Great Britain, at the last Congress, was ^vithdrawn. 

-On motion of Mr. Potter, the nomination of Samuel A. Roberts, 
Secretary of the State of the Republic, was taken up. The ayes and 
noes being called for on the confirmation of the nomination of IMr. 
Roberts, and stood as follows: 

Ayes — ^Messrs. Daingerfield, Greer, Martin, McParlancl, Owen, 
Pilsbury, Potter, Shaw and "Webb. 9. 

Noes — ^Messrs. Barnett, Gains and T^Iuse. 3. Carried 

]\Ir. Moore was excused from voting. 

On motion of ^Ir. Owen, the nomination of William F. Johnson, as 
Notary Public, ^Matagorda County, was taken up and confirmed. 

On motion of ]\rr, Pilsbury, the nomination of Reuben M. Potter, 
as Collector of Port of Velasco, was taken up and confirmed. 

On motion of Mr. Moore, the nomination of Robert Rose, as No- 
tary' Public at Galveston, was taken up and confirmed. 

On motion of Mr. Greer, the doors were opened. 



Monday December 6th 1841 
12 O'clock M. 
Mr. IMuse moved the nomination of Peter W Gray District At- 
torney First Judicial District be taken up, and confirmed. Carried 
unanimously. 

On motion of ]\Ir. ^Yebb, the nomination of Gen [era] 1 Geo. S. I\Ic- 

*The secret journal has no copy of this message; it has, therefore, been 
supiilied from the original. 



Republic of .Texas 211 

Intosli, Charge d'Affaires to the King of the French, was taken up and 
confirmed. 

On motion of ]\Ir, Barnett, the nomination of Tliomas Gales Forster, 
as Secretary of Legation, was laid on the table. 

On motion of I\Ir. Barnett, the doors were opened. 



Tuesday December 21st 1841 
12 O'clock M. 
Mr. Moore informed the Senate that the life of one of the Hon[or- 
able] Senators had been threatened, and moved that the Commit- 
tee on Military Affairs be authorized to send for persons and papers 
relative to the same. 

Mr. Moore withdrew the motion. 

On motion of ]\Ir. Potter, the doors were opened. 



Thursday December 23rd 1841. 
4 O'clock P.M. 
A communication from his Excellency the President was read, con- 
taining the following nominations, to wit: 

Executive Department 
City of Austin, Dec 23d, 1841.^ 
Gentlemen of the Senate : 

The Executive respectfully submits for your consideration and ad- 
visement, the following nominations, 
Anson Jones, Secretary of State, 
George W. Hockley, Secretary of War, 
George "VT. .Terrell, Attorney General, 

James Reily, ^Minister Plenipotentiary to the United States of 
America, 

Asa Brigham, Treasurer, 
Francis R. Lubbock, Comptroller, and 
Gail Borden, Jr., Collector of the Port of Galveston, 
and respectfully solicits their confirmation by your honorable 
body. 

Sam Houston 

On motion of Mr. ^Muse, the nominations were laid on the table 
until tomorrow 11 "clock A. INI. 

On motion of ^Mr. ^looro, the doors were opened. 

'See note 2 above. 



212 Secret Joukxals of the Senate 

In Secret Session 

Friday December 24tli 1841. 
1 O'clock P.M. 

The following nominations were taken up and confirmed, to wit : 

Anson Jones, Secretary of State, on motion of jMr. ]\Ioore, was 
unanimously confirmed. 

Geo. W. Hockley, Secretary of War. Mr. Moore moved the con- 
firmation. The aye.s and noes being called for on said motion, stood 
as follows, to wit : 

Ayes — Messrs. Barnett, Byrne, Daingerfield, Gaines, Greer, Mar- 
tin, McFarland, ]\Ioore, Owen, Pilsbury, Potter, Shaw and Webb. 13. 

Noes — ]\Ir. ]Muse. 1. Carried, and nomination confirmed. 

George W. Terrell, Attorney General. ^Ir Daingerfield moved 
the confirmation. The ayes. and noes being called for on the motion, 
and stood as follows: 

Ayes — Messrs. Barnett, Byrne, Daingerfield, Gaines, Greer, Mar- 
tin, ^McFarland, Moore, Owen, "Pilsbury, Potter, Shaw^ and Webb. 13. 

No — ]\Ir. Muse. 1. Carried. 

James Peily, Minister Plenifjotentiary to the United States of 
America. On motion of Mr. Barnett, was laid on the table 

On motion of Mr. Barnett, a committee was appointed to wait 
on the President 

.The Chair appointed MeSvSrs. Barnett, Potter and Greer, 

Asa Brigham, Treasurer of the Republic, was unanimously con- 
firmed. 

Francis R. Lubbock, Comptroller. ]\[r. Byrne moved the nomina- 
tion be laid on the table. Lost. 

;Mi'. Greer moved the doors be opened. Lost. 

Question on the confirmation of Mr. Lubbock was put. The Ayes 
and Noes being called for, stood as follows : 

Ayes — ^Messrs. Barnett, Daingerfield, Gaines, Greer, ^lartin, Mc- 
Farland, ^loore, Owen, and Pilsbury. 9. 

Noes — ^klessrs. Byrne, ^luse, Potter, Shaw and Webb. 5. Car- 
ried. 

Mr. Muse moved the doors be opened. Lost. * 

Messrs. ^luse and Webb obtained leave of absence. 

Gail Borden, Jr., Collector of the Port of Galveston, was unani- 
mously confirmed. 

On motion of IMr. ]^Iartin, the doors were opened. 



Republic of .Texas 213 

In Secret Session. 

Tuesday December 2Sth 1841 
11 O'clock A. M. 
A communication from his Excellency the President was received 
and read, requesting: the return of the nomination of James Reily 
as ^linister Plenipotentiary to the United States of America. 

Executive Department 

Dec. 27th, 1841.^° 

I am directed by his Excellency, the President, to request of the 

honorable, the Senate, a return to him of the nomination of James 

Reily, as ]\Iinister Plenipotentiary to the United States of America. 

W. D. Miller, 
Private Sec[retar]y 

On motion of ^Mr. ^loore, the nomination was returned. 
On motion of Mr. Greer, the doors were opened. 



In Secret Session 

December 28th 1841 
1/2 past 3 O'clock P. M. 
A communication from His Excellency the President w^as read, 
containing the nomination of James Reily, as Minister Charge d' 
Affaires to the United States of America. 

Executive Department, 
City of Austin, Dec. 28th, 1841.^- 
Gentlemen of the Senate: 

I respectfully submit for the advisement and consent of the Sen- 
ate, the foUowinix nomination, viz: 

James Reily, I\Iinister Charge d'Ailaires to the United States of 
America, 
the confirmation of which is respectfully requested. 

Sam Houston 

On motion of Mr. Byrne, the nomination of James Reily was 
unanimously eonhrmed. 

On motion of ]Mr. Daingerfield, the doors were opened. 



In Secret Session 

Monday Jan[uar]y 10th 1842 
5 O'clock P. M. 
A communication from his Excellency the President was received 
'*See note S above. 

17— Lib. 



214 Secret Journals of the Senate 

and read, containing the nomination of David Ilos^s as Captain of 
Ordinance 

Executive Department 
City of Austin, January lOth, 1842." 
To the honorable, the Senate. 

I respectfully submit for the consent and advisement of your 
honorable body, the nomination of David Ross, as Captain of Ord- 
nance, in accordance with an act of Congress approved 11th 
Dec[embe]r, 1841. Sam Houston 

On motion of Mr. Greer, the doors were opened. 



In Secret Session 

Tliursday Jaa[uar]y 13th 1842 
11 o'clock A. M. 

Mr. Potter moved to take up the Resolution from the House, re- 
questing permission of the Senate to withdraw the Articles of Im- 
peachment against the Hon. John M. Hansford. Carried, the resolu- 
tion read. 

Resolved that the Managers of the impeachment against John M 
Hansford Judge of the 7th Judicial District be directed to withdraw 
the articles of impeachment against the said Hansford, the senate con- 
sentiug tJiereto^"^ 

Mr. Potter introduced the following resolution, to w^it: 

Resolved by the Senate, That it is held to be altogether at the 
option of the House to withdraw the impeachment against John 
M. Hansford, Judge of the Seventh Judicial District. 

The ayes and noes being called for on the adoption of the resolu- 
tion, stood as follows, to wit: 

Ayes — ^Messrs. Muse. Owen and Potter. 3. 

Noes — Messrs. Barnett, Byrne, Daingerfield, Gaines, Greer, Mar- 
tin, McFarland, Pilsbury and Shaw. 9. Lost. 

On motion of ^Iv. Barnett, the doors were opened.^^ 

In Secret Session 

Thursday Jan[uar]y 13th 1842 
1/2 past 5 O'clock P. M. 
Executive Department, 
City of Austin, January 12th, 1842.^^ 
To the honorable, the Senate. 

I herewith submit for the appropriate action of your honorable 

"See note 8 above. 

"The Secret .lournal has no copy of this resolution; it has, therefore, been 
supplied from the origioal in Papers of the Sixth Congress. 
'''Jiulge John M. Hansford resigned January 19, 1812. 



Republic of .Texas 215 

body, the Treaty far the sui)pression of the African Shive Trade,"^'^ 
concluded v.ith the government of Great Britain, at London, on 
the sixteenth day of November, in the year 1S40; with a protocol 
of conference between the plenipotentiaries of the tw^o contracting 
powers, for the extension of the time for the exchange of ratifica- 
tions; and, also, the letters of Gen[eral] Hamilton explanatory^ of 
the objects of the Treaty/^ '^ 

I make no recommendation to your honorable body, being satisfied 
that all the examination and reflection necessary to judicious action 
will be given a subject of such great delicacy and importance. 

Sam Houston 

Protocol of conference held at the Foreign Office May 19th 1841 
between the Plenipotentiaries of Great Britain and. Texas.^" 

Whereas, there was concluded between Her Majesty the Queen 
of the United Kingdom of Great Britain and Ireland and the Ke- 
public of .Texas on the 13th Nov[embe]r 1840 a Treaty of Commerce 
and Navigation and on the 14th Nov[embe]r 1840 a Convention 
containing certain arrangements relative to the public debt and on 
the 16th Nov[embe]r 1840 a Treaty for the suppression of the Af- 
rican Slave Trade, and it was stipulated that the ratifications of 
all these Treaties should be exchanged at London within nine months 
from the time they w^ere respectively signed, and 

Whereas, unforseen delays retarded the journey of Mr. Burnley, 
the gentleman by whom the original of the last of these Treaties 
was forwarded by the Texan Plenipotentiary to his Government, and 

Whereas, the Congress of Texas separated this year earlier than 
was expected and was not longer sitting when Mr. Burnley arrived 
at Galveston, and 

Whereas, in consequence of these circumstances the Texan Senate 
have not [sic] as yet advised and consented to the ratiiieation of only 
two out of the three Treaties, and 

Whereas, it is agreed between the British and Texan Plenipoten- 
tiaries that the ratification of all of the three above mentioned 
Treaties should be exchanged simultaneously, and 

Whereas, the Texan Congress will not meet again until the month 
of October next — ^^The Plenipotentiaries of Great Britain and Texas, 

"The treaty is printed in Gnramcl, Laics of Texas. II SS9-901. 

"The letters referred to doubtless Included the followins:: Hamilton to 
Palnierslou, October 1, 1S40; Palmersiou to Hamilton. October 18. 1S40; 
Hamilton to Lipscomb, January 4. 1S41; and, perhaps, Hamilton to ^Maytield, 
May IS, 1S41. They are printed in Garrison. Diploviatic Correspondence 
of the Republic of Texas. II. 

"Letter Book No. 41, p. 508. Department of State. 



216 Secret Journals of the Senate 

who signed the three Treaties aforesaid having now met together 
have agreed and do hereby agree and declare that the time * for the 
exchange of the ratifications of said Treaties will be extended to the 
first day of June 18-12. 

Mr. Greer moved to take up the message of his Excellency the 
President, with the Treaty on the African Slave Trade with Eng- 
land. Carried. 

Several explanatory letters from Gen[era]l James Hamilton were 
read, and also the Treaty in part. 

On motion of Mr. Owen, the reading of the Treaty was dispensed 
with, and the doors opened. 



In Secret Session 

Friday Jan[uar]y lith 18J:2 
1/2 past 11 O'clock A. M. 
The reading of the .Treaty between England and Texas was com- 
pleted, and laid on the table. 

On motion of Mr. Greer, the nomination of David Ross as Cap- 
tain of Ordnance was taken up and Confirmed. 
On motion of Mr. Greer, the doors were opened. 



Executive Department, 
City of Austin, January 15, 1842.^^ 
To the honorable, the Senate, 

I respectfully submit, for the advice and consent of your hon- 
orable body, the following nominations, viz: 

Peter W. Gray, District Attorney for first Judicial District. 

Peter McGreal, District Attorney for second Judicial District. 

J. ISl. Ogden, District Attorney for third Judicial District. 

C. W. Peterson, District Attorney for fourth Judicial District- 

E. T. Wheeler, District Attorney for fifth Judicial District. 

Henry W. Sublett, District Attorney for sixth Judicial District. 

Jesse Benton, District Attorney for seventh Judicial District. 

Thompson H. ^Mc^Iahan, Notary Public, Fort Bend County. 

George W. Scott, Notary Public, Shelby County. 

Ammon Underwood, Notary Public, Brazoria County, .(vice R. ^I. 
Forbes, elected Representative in Congress.) 

B. F. Clement, Notary Public, Velasco (vice Peter McGreal ap- 
pointed District Attorney). 

Jolin Barnes, Consul at London, (vice Arthur Ikin, removed). 

Edward Hutawa, Consul at St. Louis, United States of America. 

Sam Houston 

"See note S above. 



Republic of .Texas 217 

In Secret Session 

January 18tli 1842 
4 6 'Clock, P. M. 
A communication frbm his Excellency the President was read, re- 
questing the return of the nomination of Amnion Underwood, and 
submitted in lieu thereof J. W. Brooks, as Notary Public for Bra- 
zoria Count}'. 

Executive Department, 
City of Austin, January 18, 1812.^'^ 
To the honorable, the Senate. 

I have to request of your honorable body the withdrawal of the 
nomination of Amnion Underwood; and in lieu thereof. I would 
respectfully submit for your advice and consent, the nomination 
of J. "W, Brooks, as Notary Public for the County of Brazoria, vice 
R. M. Forbes, elected Representative in Congress. 

Sam Houston 

On motion of ]\Ir. Byrne, the following nominations of the Presi- 
dent were taken up and confirmed. 

Peter "W. Gray, District Attorney for the 1st Judicial District 
Peter McGreal '' " " 2nd " 

J M Ogden " " " 3rd " • " 

C W Peterson " '' " 4th •' 

R .T AVheeler " " '' 5th " 

Jesse Benton '' " " 7th " 

T H [Mc]:\Iahan Notary Public for Fort Bend County. 
J W Brooks Notary Public for Brazoria County. 
B P Clements Notary Public for Yelasco County [sic] 
Jolm Barnes ConsTd at London. 
Edward Hutawa. [Consul at] St. Louis, United States, N. A. 

The nominations of H. W. Sublett, District Attorney for the sixth 
Judicial District, and George W. Scott, Notary Public of Shelby 
County, were laid on the table. 

On motion of ^^Ir. Byrne, the doors were opened. 



In Secret Session 

Friday Jan[uar]y 21st 1842 
On motion of ^Mr. Greer, the Senate took up the Treaty for the 
suppression of the African Slave Trade between England and Texas, 
and read second time. 

On motion of ^Ir. Greer, the doors were opened. 
'■"See note S above. 



218 Secret Jouhn.ves op the Senate 

In Secret Session 

Saturdcay January 22nd 1S42 

The Treaty for the suppression of the African Slave trade was 
taken up, and read third time. 

^Ir. Greer introduced the following resolution, to wit: 

Resolved, .That the Senate consent and advise to the ratification 
of the Treaty for the "suppression of the African Slave Trade'* 
between the President of the Kepublic of Texas and Her ^Majesty 
the Queen of Great Britain, etc., concluded on the 16lh day of No- 
vember 1S40, at London, by Genl. James Hamilton and Lord Vis- 
count Palmerston, their respective Plenipotentiaries. Read and 
adopted. 

On motion of Mr. Greer, the doors were opened. 



In Secret Session 

Monday Jan[uar]y 2J:th 1S42 

Mr. Muse introduced a Joint Resolution authorizing the Secre- 
tary of the Treasury to perform certain duties. Read first time. 

Resolved^^ by the Senate and House of Representatives in Congress 
assembled (in secret session) that the Secretary of the Treasury be 
and he is hereby authorized and required to pay the amount of dis- 
count which may actually exist at the expiration of six months from 
the date of this resolution upon Exchequer bills which may then be 
held by John Harrison provided that at the time the said discount is 
demanded, the said Jno AY Harrison shall make oath that he received 
the said bills in fair mercantile operations at their par value, or 
that he received them in exchange for gold and silver or other money 
of equivalent value at par, and provided further, that said John W 
Harrison shall also swear, that he has at no time refused to take said 
bills at par, and provided also, that t/ie amount upon which he de- 
mands the discount shall not exceed $15,000. 

On motion of Mr. ^luse, the doors were opened. 



In Secret Session 

January 29th 1842 
A communication from the President was read, containing the 
nominations of P. Echnonds, Consul of the Republic, at New Orleans, 
United States of America; and, AVilliam Henry Daingerfield, Sec- 
retary of the .Treasury of the Republic. 

"The Secret Journal has no copy of this .Joint Resolution: it has. there- 
fore, been sui^plied irom the ori'-^inal in Papers of the Sixrh Congress. The 
measure ijassed the Senate, but failed in the House. 



Republic of .Texas 219 

Executive Department, 
City of Austin, January 29, lS42.-^ 
To the honorable, the Senate. 

I respectfully submit for the advice and consent of your honorable 
body, the nominations of AYilliam Henry Daing-erfield, for Secretary 
of the Treasury of the liopublic, and of P. Edmonds, for Consul of 
the Republic at New Orleans, United States of America 

Sam Houston 

j\'Ir Gaines moved to take up the nomination of George "W Scott, 
as Notary Public of Shelby County. Carried, and was unanimously 
confirmed. 

Mr. Potter moved to take up the nomination of H W Sublett, 
District Attorney of the sixth Judicial District. Carried. The ayes 
and noes being called for on its confirmation stood as follows: 

Ayes — >\Iessrs. Gaines, Greer, Martin, Pilsbury, Potter and Shaw. 
6. 

Noes — Messrs, Barnett, Byrne, McFarland, Owen and Yv^ebb. 5. 
Carried, and nomination confirmed. 

On motion of I\Ir Potter, the doors were opened. 



In Secret Session 

February 1st 1S42. 

i\Ir Potter moved to- take up the nomination of William Henry 
Daingerfield. Carried. 

Mr Greer moved that the nomination be laid on the table for the 
present. Carried. 

]\rr Webb moved to take up the nomination of P. Edmonds, Consul 
of the Republic, at New Orleans, United States of America. Carried. 

Ayes and noes being called for on the confirmation of the nomina- 
tion, stood as follows: 

Ayes — Messrs. Barnett, Gaines, Greer, Martin, IMcFarland, ]\Iuse, 
Potter and Webb. 8. 

Noes — i\Iessrs. Byrae, Owen, Pilsbury and Shaw. 4. Carried. 

Mr. ]Muse moved to take up the Joint Resolution relative to the Ex- 
chequer bills, etc. Carried. Read second time. 

^Ir. i\Iuse olfered a substitute. 

On motion of ^\r. Greer, the bill and substitute were laid on the 
table. 

On motion oi" ^Iv. Potter, the dooi-s were opened. 

^See note 8 above. 



220 Secret Journals of tue Senate 

In Secret Session 

February 3rd 1842. 
The following nominations were received from his Excellency the 

President 

Executive Department, 
City of Austin, February 3d, 1842.=^ 
To the honorable, the Senate. 

I have the honor to submit for the advice and consent of your hon- 
orable body, the following nominations, viz: 

Ashbel Smith, ^Minister Charge d 'Affaires to France. 

John G. Berry, Collector for the District of San Augustine. 

Niles F. Smith, Collector for the District of Sabine. 

Nathaniel D. Ellis. Collector for the District, of Red River. 

Henri Castro, Consul General of Texas for France.. 

William Kennedy, Consul General of Texas for Great Britain. 

S. P. McFarlane, Notary Public for Jasper County. 

D. Laughlin, Notary Public for Travis County. 

Wm. Herrino:, Notary Public for Jefferson County. 

Amos Morrill, Notary Public for Red River County. 

Thomas Cruteher, Notary Public for Bowie Coimty. 

"W. D. Shelton. Notary Public for Harrison County. 

John S. ^lenefee. Notary Public for Jackson County. 

George Lane. Notary Public for Panola County. 

James S. Sullivan, Notary Public for "Ward County. 

Sam Houston 

All of the above nominations were unanimously confirmed but W. 
D. Ellis, which nomination was laid on the table. 

Mr Muse moved to take up the Joint Resolution relative to Ex- 
chequer Bills. Carried. Read second time. 

Mr Webb offered a substitute, which was read and adopted. 

Mr ^luse moved the rule be suspended. Carried. Read third time. 

The ayes and noes being called for on the final passage stood as 
follows : 

Ayes — ^Messrs. Bamett, Greer, ^McFarland, Muse, Potter and 
Webb. 6. 

Noes — r^Iessrs. Gaines, Martin, Pilsbury and Shaw. 4. Carried. 

On motion the doors were opened. 



In Secret Session 

February 4th 1842 
A message was received from His Excellency the President request- 
ing the withdrawal of the nomination of W. D. Ellis Collector of Red 
"See note 2 above. 



Republic of .Texas 221 

River, and nominating in lieu thereof James Bonrland, also the fol- 
lowing nominations. 

Executive Department, 
City of Austin, February 3d, 1842." 
To the honorable, the Senate. 

I have to request of your honorable body, the withdrawal of the 
nomination of Nathaniel D. Ellis, as Collector for the District of Red 
River, and in lieu thereof to nominate James Bourland, for said of- 
fice. Sam Houston 

Executive Department, 
City of Austin, February 4, 1842.=^ 
To the honorable, the Senate. 

I herewith submit for the advice and consent of your honorable 
body, the nominations of Francis M. Weatherhead, Jr., as Notary Pub- 
lic for Sabine County, and of Alexander E. ]\IcClure, as Notary Pub- 
lic for Burnet County. 

Sam Houston 

Qn motion of Mr. Greer, the above nominations were unanimously 
confirmed. 

A message from his Excellency was read, with a project for commer- 
cial regulations to be formed between the sfovernmient of his Majesty 
the King of the Belgians and the Republic of Texas. 

Executive Department, 
City of Austin, February 2d, 1842.=* 
To the honorable, the Senate and House of Representatives. 

General Hamilton has returned from Europe and reports to me 
a correspondence between His Majecty. the King of the Belgians, and 
himself, for procuring the guarantee of that Government on a pub- 
lic loan for this Republic, as an equivalent for certain commercial 
privileges according to the project o-f a legislative compact, of which 
the enclosed is a copy. I invite the serious attention of Congress to 
this scheme for establishing the public credit of the country and ob- 
taining the means for its security and defence. 

General Hamilton has, also, brought with him a plan for the sale 
and settlement of the public lands of the Republic, and supplying 
laborers from Europe for their cultivation, which, together with a 
scheme for raising money for the country by bonds commutable and 
terminable by life -annuities, will likewise be presented for your con- 
sideration. 

"See note S above. 

^'Ilid. 



222 Secret Joukxals of the Senate 

The various duties now elaimine: the attention of the President and 
the situation of the diti'erent Departnieuts nearly destitute of Clerks, 
have rendered it impos>ible for the Executive to enter into such an 
investigation of the plans of General Hamilton, as would enable him to 
recomniend any course in regard to them. He, therefor, submits the 
matter to the ^visdom and mature investigation and deliberation of 
the honorable Congress. Sam Houston 

Project of a Commercial Legislative Compact between the Govern- 
ment of his iMajesty the King of the Belgians and the Republic of 
Texas. 

1st. Texas shall admit at one half the rate of duty the cotton, 
woollen, iron and linen manufactures of Belgium whilst the imposts 
on similar articles the manufacture and product of other nations shall 
pay a duty of 50 pr. cent ad valorem. 

2d. That this rate of duty shall continue for live years from the 
date of the ratification of the Treaty when Texas shall have the right 
if she pleases of reducing the latter duty one fourth and in ten years 
another fourth mnintainina* the same relative discriminations in favor 
of the above enumerated imports from Belgium. 

3d. That Belgian vessels shall be admitted into the pri^dleges of 
the coastwise trade of Texas as the national vessels of Texas. 

4th. Belgian vessels shall be admitted at the same 4:ate of tonnage 
duty and port charges into the ports of Texas as Texian vessels. 

5th. That arms and munitions of war of every description the 
manufacture of Belgium shall be admitted free of duty whilst those 
the manufacture of other nations shall pay a duty of 100 pr. cent ad 
valorem. 

6th. That these privileges and concessions shall continue as long 
as Belgium is under any pecuniary responsibility for Texas what- 
soever, and whilst such responsibility continues she Avill stipulate 
shordd hostilities be renewed between ^lexico and herself to confine 
herself to a war strictly defensive or to such measures as may belong 
to a war of this character. 

For these advantages to Belgium it is proposed that as an equiv- 
alent she should guarantee a public loan for Texas of 37 millions of 
francs or 7 millions of dollars by a specifie endorsement of the bonds 
of the Republic, bearing an interest of six pr. cent redeemable by the 
operation of a sinkinir fund not to exceed 20 years. For which Texas 
is to pledge the folhtwintr securities. 

1st. A pledge of the public faith, taxes and revenues of the coun- 
try. 

2d. A pledii-e c'enerally of the proceeds of the sales of the public 
lands which amount to 150 millions of acres. 



Republic of .Texas 223 

3d. A pledge of the proceeds specially of 5 millions of acres to 
be surveyed, laid off and sold by emigration and laud boards in the 
course of organization in Great Britain and on the continent of Eu- 
rope. 

4th. A pledge of any indemnity which the United States of 
Amcrcia may pay for a part of the State of Louisiana vrhich by the 
recent running of the boundary line between the U. S. and Texas is 
found to fall wdthin the limits of the latter. 

5th. That on the negociation of the loan one half or fifty per cent 
of the nett proceeds of the same shall be deposited in i:ho Treasury of 
Belgium at an interest of 4 pr. cent with an understanding however 
that it is to be considered as a safety fund to cover any default in 
the payment of the interest or supply of the sinking fund of the loan, 
until Texas shall have paid otf one half the loan to her credit, when 
the deposit in the Treasury of Belgium shall be at the disposal of 
Texas. 

It is proposed between the respective parties that the Govt, of 
Belgium should send out a commissioner to Texas to examine and 
report on the following points: 

1st. Of the entire security of Texas from a successful invasion of 
her territory. 

2d. Of the stability of her institutions.- 

3d. Of her abundant resources to meet her public debt and to save 
Belgium entirely harmless from all and every responsibility under 
her guarantee. 

4th. Of the present and probable future trade of Texas. 

5th. Of the advantages present and future of the above treaty 
to the people of Belgium. 

6th. Of the good faith with which the treaty is likely to be main- 
tained by the Government and People of Texas. 

Tlie undersigned submits the above as the basis of the project of 
the law which he will propose to the Congress of Texas. 

(Signed) J. Hamilton 

Brussels, Oct. 20th. 1841 ^ 

Mr Potter moved that a committee be appointed to act with such 
Committee as the House may appoint on the project of commerce, etc., 
submitted by Genl. Hamilton. Carried. 

The chair appointed ]\Iessrs. Potter, Webb and Greer said commit- 
tee. 

On motion of Mr Potter, the doors were opened. 



In Secret Session. ,, , -., -.^.r. 

February oth 1S42 

^Ir Potter, Chairman of the Select Committee, appointed to act on 



224 Secret Jourxals of the Senate 

the Commercial project of Geul. Hamilton, reported unfavorably. 
Report adopted. 

Committee Room 
Feb[rua]ry 4th 18422^ 
To Ed [ward] Burleson 

Pres[ident] of the Senate 
K. L. Anderson 

Speaker of the House of Rep[resentatives] 

The Joint Select Committee of both houses of Congress to whom 
was referred the Executive Communication of the 2d Inst [ant] en- 
closing the project of a legishitive compact submitted by Genl. James 
Hamilton, ^Minister and Loan Com[missione]r in Europe to the King 
of Belgium, as a basis of a loan of seven millions of dollars to the 
Republic of Texas, under the guarantee of the Government of Bel- 
gium for the same, have considered the subject as fully as the limited 
time allowed the Committee would permit. 

The subject being one covering vast ground, and of important po- 
litical and conmiercial interest would necessarily call for considerable 
time as well on the part of the Committee as' of the House, to 
give to it that reflection and deliberation required for a satisfactory 
conclusion, or action of either. Moreover the late and protracted 
period of the session precludes the passage of such legislative enact- 
ments as would be necessary to carry out the objects embraced in the 
project, should the same in whole or in part upon mature investiga- 
tion meet the views either of the Committee or of the Congress. 

Connected also with the loan were submitted to the Committee by 
Genl. Hamilton two drafts of Bills, drawn up with great care, and 
well matured having for their object the encouragement of imigra- 
tion and the introduction of labourers to the country; also for the 
gale and settlement of the public domain of Texas, which the Com- 
mittee for the reasons assigned are unable to embody in a detailed 
report. 

Although your Committee are aware that the project of a legisla- 
tive compact, as also the bills would receive such modifications, and 
be accepted and rendered conformable to our institution and laws, yet 
the short period which Congress will likely remain in session con- 
strains the Committee to submit to the consideration of Congress, 
and to recommend that it is impracticable at this time further 
to take the subject under consideration, and that the Committee be 
discharged therefrom. 

> =The secret journal has no copy of tins report; it has. therefore, been 
supplied from the ori2:inal. 



Republic of .Tex.vs 225 

All of which is respectfully submitted 

J. S. Mayfield 
Chairman Special Com[mittee] on part of House 

Rob. Potter, 
Chairman of Committee of the Senate. 
Mr. Potter moved to take up the nomination of William Henry 
Daingerfield. Carried. 
Unanimously confirmed. 



SIXTH CONGRESS 



SECOND OR CAI>LED SESSION 

Journals of tlie Senate in Secret Extra Session 

City of Houston, 
July 20tii 1842, 11 O^Clock A iVP 
A communication from the President transmitting the following 
nominations of Naval officers, for the contirmation or rejection of the 
Senate, yiz: 

Executive Department, 
City of Houston, July 19, 1842.- 

to submit for the advice and consent 
followinof nominations in the Naval Service of 



Post Captain Commanding. 

Commander. 

Lieutenant. 

Lieutenant. 



,To the honorable, the Senate 
I have the honor herewith 
of the Senate, the 
the Republic, viz: 

E. W. Moore, 
J. T. K. Lothrop, 
D. H. Crisp, 
W. C. Brashear, 
William Seeger, 
A. G. Gray, 
A. J. Lewis, 
J. P. Lansing, 
A. A. Waite, 
Geo. C. Bunner, 
William. A. Tennison, 
Wm. Oliver, 
Cyrus Cummings, 

C. B. Snmv, 

D. C. Wilber, 
M. H. Dearborn, 
Thomas P. Anderson, 
R. ]\I. Clarke, 
J. B. Gardiner, 
Morman Hurd, 

F. T. Wells, 

J. F. Stephens, " 

W. T. Brannun, ** 

Hl^onceriiini? the sources for the secret journal" of the called session of the 
Sixth ConJiress, the same explanation is in order that was given above in 
note 1 to the rec^ular session. 

"The Tnessa?:e here printed has been compared with and made to conform 
to the original. 



Sur 



eon. 



Purser. 



Republic of .Texas - 227 

.The consent and confirmation of your honorable body are respect- 
fully requested to the foregoing nominations, because of the necessity 
frequently arising in the prosecution of the duties of the service, for 
an exhibition of the commissions of the various olRcers, both upon 
the high seas, and in courts of justice, as recently happened in the 
demand of this Governm.ent for the mutineers of the Schooner San 
Antonio. 

Sam Houston 

On motion of IVIr Muse, the above nominations were unanimously 
confirmed. 

On motion, doors opened. 



In Secret Session . 

July 20th 1842 
5 o'clock P. M. 
A' communication from the President, transmitting the nomination 
of Isaac Yan Zandt, as ^linister Charge d' Affaires from Texas to 
the United States. 

Executive Department, 
To the Honorable City of Houston July 20 1842^ 

The Senate. 
I have the honor to submit for the advice and consent of your 
Honorable body the nomination of Isaac Van Zandt as Minister 
Charge d 'Affaires from Texas to the Government of the United 
States, vice James Reily whose resignation will take effect from and 
after the first day of August next, or before that period if his suc- 
cessor can reach Washington City 

The Honorable Senate will therefore perceive the importance of 
early action. .The business of the Legation at this time is of the 
highest interest to Texas. Sam Houston 



In Secret Session 

July 22nd 1842 
Mr Jack moved to take up the nomination of I Yan Zandt, Charge 
d 'Affaires to the Government of the United States. Carried. 
j\Ir. Owen moved the confirmation 

The ayes and noes were called for on the confirmation and stood 
as follows: 

Ayes — Messrs. Barnett, Byrne, Colquhoun, Greer, Jack, Owen, 
Shaw and "Webb. 8. 

'The secret journal has no copy of this message; it has heen supplied from 
the origiual. 



228 - Secret Journals of the Senate 

Noes — Messrs. IMiise and Moore. 2. Carried 
. ]Mr Moore objected to the confirmation on the ground that the 
nominee was a member of Conirrcss. 



SEVENTH CONGRESS 



1 8— Lib. 



Roll of Senators 

George W. Bartietl. for the District of AVasliin.utoii, Montgomery 
and Brazos. 

James AV. Byrne, for the District of Goliad, Eefugio and San Pa- 
tricio. 

John xV. Greer, for the District of San xVugiistine. 

AVilliam H. Jack, for the District of Brazoria. 

Oliver Jones, for the District of Austin, Colorado and Fort Bend. 

William Lawrence, for the District of Harris, Galveston and Liberty. 

K. II, .Muse, for the Distriet of Xacogdoches and Houston. 

George A. Pattillo, for the District of Jasper and Jefferson. 

L. Kandall. for the District of Shelby, Sabine and Harrison. 

John Rugely/ for the District of ^latagorda, Jackson and Victoria. 

James Shaw, for the District of Robertson and ]\Iilam. 

John AY, Smith, for the District of Bexar. 

James ;Titus. for the District of Red River, Fannin, Bowie and Lamar. 

James AYebb.- for the District of Bastrop, Fayette, Gonzales and 
Travis. 

Officers of the Senate 

Edward Burleson, Vice President and President of the Senate. 
John A. Greer, President pro tempore. 
Stephen Z. IToyk\ Secretary. 

Mohn Rudely was elected to fill the unexpired term of Clark L. Owen; he 
took his seat January 7. 1843. 

-Janiei Webb resigned his seat in the S<Miaie about December 3, but was 
re-elected and took his seat December 31. 1S42. 



SEVENTH CONGRESS 

FIRST OR CALLED SESSION 

[The Senate does not nj^pear to have met in secret session during 
the brief tlrst or called session of the Seventh Congress, November 14 
to December 5, 1842.] 

SECOND OR REGULAR SESSION 

Secret Journal- 
Be it remembered that on this, the thirteenth day of December, in 
the year of 1S42, the Senate of the Kepublic of Texas met in secret 
session, with closed doors, at the town of AYashington on the Brazos. 
The following message from the President of the Republic was 
opened and read, towit : 

Executive Department, 
Washington, December 13, 1842.^ 
To the Honorable, the Senate: 

I respectfully submit for the advice and consent of your Honorable 
body the following nominations, in which a concurrence is respect- 
fully requested : 

James B. Shaw, Comptroller; 

Alexander Somervell, Collector of Customs for the Port of Cal- 
houn ; 
San ford Holman, Collector of Customs for the Port of San 

Augustine ; 
K. L. Anderson, District Attorney for the fifth Judicial 

District ; 
Paul H. Earle, Surgeon, .Texas Navy; 

B. Owen Payn, Cai)tain of Ordnance; 

^There are three sources for the secret journals of the senate of the Seventh 
Congress: 

1. The Secretary of the Senate's rough drafts of each daily session are pre- 
served among the papers of the Seventh Congress. 

2. The secret journals have been written out in full, covering twenty-three 
folio pages. This copy is also preserved among the pai)ers of the Seventh 
Congress. It is presumed that this work was done under the resolution 
adopted in secret session on .Tanuary i;j, 1843. 

3. Under the provisions of "An Act concerning the Archives of the Leg- 
islature," a{)proved l-'ebruary 16, 1S."»2. \V. D. Miller, Secretary of the Senate 
of the Fourth Legislature, copied the journals of the senate of the Seventh 
Congress — both pul;lic and secret — into a large record volume, now i)reserved 
in the ofhce of the Secretary of State. In general this last named source 
has been followed in the coi)y here printed; the secret journal is found on 
pages 143 to IT.'j of said volume. 

'The message, here printed has been com[)ared with and nuide to conform 
to the original. 



232 Secret Joukxals of the Senate 

Charles H. Raymond, Secretary of Legation to the United States; 
Lachlan ^lelntosh liate, Consul-General of Texas for Great Britain; 
Lewis J. Ilerekenrath, Consul at Amsterdam, Netherlands; 
William Bryan, Consul at New Orleans, United States ; 

Nathaniel Amory, Consul at Boston, United States; 

William B. Hamilton, Consul at Richmond, Virginia, United 

States; 
Thomas H. Airey, Consnl at Natchitoches, Louisiana, United 

States ; 
Wyatt ^McGaffe}^, Notary Public for Jefferson County; 

Daniel ^Montague, Notary Public for Fannin County; 

Nathan Cordra, Notary Public for Jefferson County. 

Sam Houston 
On motion, the doors were reopened. 



Wednesday, December 14, 1842. 

The Senate met in secret session. 

The nominations submitted in the message of the Executive of the 
13th instant, were taken up and acted on as follows: 

James B. Shaw% Comptroller, on motion, was unanimously con- 
firmed. 

A. Somervell, Collector of Customs for the Port of Calhoun, on 
motion, was unanimously confirmed. 

Sanford Holman, Collector of Customs for the Port of San Augus- 
tine, on motion, w^as unanimously confirmed. 

K. L. Anderson, District Attorney for the 5th Judicial District, 
on motion, was unanimously confirmed. 

Paul IT. Earle, Surgeon Texas Navy, on motion, w^as unanimously 
confirmed. 

B. Owen Payn, Captain of Ordnance, on motion, was unanimously 
confirmed. 

Charles H. Raymond, Secretary of Legation to the United States, 
on motion, was laid on the table. 

Lachlan ]\rcIntosh Rate. Consul General of Texas for Great Britain, 
on motion, was laid on the table. 

Lewis J. Herckenrath. Consul at Amsterdam, Netherlands, od mo- 
tion, was unanimously confirmed. 

William Bryan, Consul at New Orleans, United States, on motion, 
wa.s unanimously confirmed. 

Nathaniel Amnry; Consul at Boston, United States, on motion, was 
unanimously confirmed. 

William B. Ilaniiltou. Consul at Rif'hmond, Va.. United States. 
on motion, was unanimouslv confirmed. 



Republic of .Texas 233 

Thomas H. Airey, Consul at Natchitoches, La., United States, on 
motion, was luianimoiisly confirmed. 

Wyatt McGaffey, Notary Public, Jefferson County, was, on mo- 
tion, unanimously conlirmed. 

Daniel ^Montague, Notary Public, Fannin County, was, on motion, 
unanimously confirmed. 

Nathan Cordra, Notary Public for Jefferson Coimty, was, on mo- 
tion, unanimously confirmed. 

On motion, the doors were reopened. 



Monday, December 19, 1842. 

The Senate went into secret session. 

.The following- message from the President of the Republic was 
opened and read, towit: 

Executive Department, 
Washington, December 19, 18-12.^ 
To the Honorable the Senate: 

I have the honor to transmit herewith the Treaty of Amity, Com- 
merce and Navigation, between the Republic of Texas and the United 
States of America, concluded at the City of Washington, on the 
30th July last, by their respective plenipotentiaries, for your con- 
sideration and constitutional advice in reference to its final ratifica- 
tion. 

The stipulations of this treaty, it is believed, are as favorable to 
Texas, as, under existing circumstances, could be expected; and I 
respectfully recommend it to your favorable regard. 

By Article V an important concession is made to the United States 
in the privilege granted, of importing a large class of goods into 
this country for exportation free fr(mi any duty or charges whatever. 
.This opens to those goods the trade of Northern Mexico. On the 
other hand, the raw cotton of Texas is permitted to be imported 
into the United States free of duty for five years, and a correspond- 
ing class of goods to that above referred to are permitted to be im- 
ported into the United States for exportation, free from any duties 
or charges, during the continuance of the Treaty. The privilege 
of repacking goods destin(M,l for reiransportation to a foreign coun- 
try, is also mutually conceded. 

These concessions made in favor of goods, the growth, produce 
and inanufactiu-e of the I'nited States, it might bo contended, from the 
language of the Article, are free and gratuitous, a.nd would there- 
fore, according to the terms of our treaties with France, Enghuid 
and Holland, become immediately common to all of those nations. 

*See note I) ahove. 



234 Secret Journals of the Senate 

Since the instructions under which ^Ir. Reily, our able Charge d 'Af- 
faires, negotiated this treaty, were given him, information has been 
received that France is anxious to obtain from this Government the 
same privih'ges which are by this Article extended to the United 
States, and that she would be willing to grant some important equiva- 
lent in consideration therefor. It is fairly to be inferred that Eng- 
land cind Holland would do the same. In order, therefore, to prevent 
any cavil in relation to the construction of this Article, and to secure 
to Texas the important advantages which might hereafter result from 
withholding, without an adequate compensation, the privileges and 
immimities granted tlie United States in this Article, from other 
nations, I would most respectfully but earnestly recomjnend the Hon- 
orable, the Senate, so to modify or amend the 5th Article as clearly to 
express the fact that the concessions made therein were for a valua- 
ble consideration, and not, as might now be contended, gratuitous 
and free, and therefore common to all those powers v.'ith which we 
already have or might hereafter form commercial treaties. A very 
slight alteration in the language of the article would effect this 
desirable object, and as it would render the treaty more acceptable 
to the United States, it is presmned that no additional delay would 

result in its ratification bv that government. ^ tx ^ 

Sam Houston 

On motion, the said treaty was read first time : and then on further 
motion, the doors were opened. 



Tuesday, December 20, 1842. 

The senate met in secret session. 

The journal of the preceding days was read and adopted. 

Mr. i\Iuse moved tht^ reconsideraiion of the vote confirming the 
nomination of Mr. Somervell ; but afterwards withdrew his motion. 

Mr. Jack moved that the advice and consent of the Senate upon 
any matters laid before them by the Executive, shall not be trans- 
mitted to the President until after the expiration of two days, unless 
otherwise directed. Adopted. 

The treaty between the Republic of Texas and the United States 
came up on its second reading, yncl was read as follows: 

Treat}' of Ammity, Commerce and Navigation between the Republic 
of Texas and the United States of America. 

The Repu])lic of Texas and the United States of America equally 
animated with the desire of maintaining the relations of good under- 
standing, which have hitherto so happily subsisted between the two 
countri<'s, and of extendincr and consolidating the commercial inter- 



Republic of .Texas 233 

course bctwoen them, have a.ureed to enter into neiiotiations for the 
conclnsion of a treaty of Amity, Naviuation and Commerce: For 
wiiich purpose the President of Texas has conferred full powers on 
James Rcily. accredited to the Government of the United States as 
Charg-L' d'Alfaires of that Eepublic, and the President of the United 
States has conferred like powers on Daniel Wobster, their Secretary 
of State: and the said Plenipotentiaries havin*r exchanged their full 
powers, found in g-ood and due form, have concluded and signed the 
following articles. 

Article I. 

There shall exist throughout the territory of the Republic of Texas 
and the United States, and between the people and citizens of both, 
a lasting peace and friendship. • 

Article II. 

There shall be between the territory of the Republic of Texas and 
the territory of the United Statt^s, a reciprocal liberty of commerce. 
The inhabitants of the two countries, respectively, shall have liberty 
freely and securely to come v^iia their shi};s and cargoes, to ail such 
place.^. ports and rivers in the territories aforesaid, to which other 
foreigners are permitted to eome, to enter into the same and to re- 
main and reside in any parts of the said territories respectively; also 
to hire and occupy houses and warehouses for the I'nu-poses of their 
commerce: and generally, the merchants and traders of each nation 
respectively, shall enjoy the most complete protection and security 
for their commerce, but subject always to the laws of the two coun- 
tries respectively. Tliis article, however, shall not be understood to 
authorize the coasting trade, which is permitted to national vessels 
only. 

Article III. 

No other or higher duties shall be imposed on the importation into 
Texas of any articles, the growth, produce or manufacture of the 
United States; and no other or higher duties shall be imposed on the 
hnportation into the United States of any articles the growth, pro- 
duce or manufacture of Texas, than are or shall be payable on the 
like articles, being the growth, })roduce or manufacture of any other 
foreign country; nor shall any higher or other duties or charges be 
imposed in cither of the two countries on the exportation of any ar- 
ticles to Texas or to the United States, respectively, than such as are 
payable on the exportation of the like articles to any other foreiirn 
country: nor shall any prohibition lie imposed on the exportation or 
importation of any articles, the growth, produce or mainifacture of 



236 Secret Joukxals of the Senate 

Texas or of the United States, to or from the United States or to or 
from Texas, which shall not equally extend to all other nations. 

No hig'her or other duties or charges shall be imposed in any of 
the ports of Texas on vessels of the United States than those payable 
in the same ports by Texiin vessels, nor in the ports of the United 
States on Texan vessels, than shall be payable in the same ports on 
vessels of the United States. 

The same duties shall be pnid on the importation into Texas of any 
articles, the growth, produce or manufacture of the United States, 
whether sudi importation shall be in Texan vessels or in vessels of 
the United States; and the same duties shall be paid on the importa- 
tion into the ports of the United States of any article, the growth, 
produce or manufacture of Texas, whether such importation shall be 
in vessels of the United States or in Texan vessels. 

The same duties shall l)e paid and the same bounties allowed on 
the exportation of any articles, the growth, produce or manufacture 
of the United States, to Texas, whether such exportation shall be 
in Texan vessels or in vessels of the United States: and the same du- 
ties siiall be paid and the same bounties allowed on the exportation 
of any articles, the growth, produce or manufacture of Texas, to 
the United States, whether such exportation shall be in vessels of the 
United States or in Texau vesssls. 

It is further aert^ed that, in all ca.ses where drawbacks are or may 
be allowed upon the re-exportation of any goods, the growth, pro- 
duce or manufacture of eithei- (^ountry, respectively, the amount of 
the said drawbacks shall be tlie same, whether the said goods shall 
have bnen oridually imported in a vessel of the United States or 
in a Texan vessel : but when such re-exportation shall take place from 
Texas in a vessel of the United States, or from the United States in 
a Texan vessel, to any other forcimi nation, the two contracting par- 
ties ri^servc. to tinnuselves. respectively, the right of regulating or 
diminishing, in such case, the amount of the said drawback. 

Article IV. 

Tlie two contracting parties agree that the Sabine from its source 
.to the sea. the Red River, and all rivers having their sources or or- 
igin ifi the territory of Texas, runuina" in pari of their course throuirh 
that territory, or formine the boundary between the United States 
and Texas and emptying into the ^Mississippi itself, from and in- 
cluding the month or mouths of said rivers, to the sea. shall be free 
to be navigated and common to both nations: and that no duty shall 
be levied or collected upon any articles, tlie growth, produce or man- 
ufacture of Tt'xas. originally transported dovvji the above named 



Republic of .Texas 237 

rivers, or traiisportetl for the purpose of descent and exportation, to 
any ports or places situated thereon: Provided, however, that it 
shall be hiwful for the President of the United States to establish 
such rules and remilations as may be necessary for the proper 0I3- 
servance within the United States of the stipulations contained in this 
and the next succeeding article. 

Article V. 

The two contracting parties agree that on all articles, the growth. 
produce or manufacture of either country, sent from one country to 
the other by land, river or sea, and exported to a foi'cign country, 
no duties or charges shall be required to be paid to the power within 
and from out of whose limits such articles arrive and depart — that 
they may be repacked for exportation, under the inspection of the 
proper authorities and at the expense of the party interested: and 
that raw cotton, the produce of either country may be imported into 
the other, fi-ee of duty, for five years from the exchange of the rati- 
fications of this treaty. 

Article VI. 

And whereas it frequently happens that vessels sail for a port or 
place belonging to an enemy, without knowing that the same is 
besieged, blockaded or invested, it is agreed that every vessel so sit- 
uated ma.y ])e turned av\-ay from such port or place, but shall not 
be detained, nor .shall any part of her cargo, if not contraband, be 
confiscated: unless, after warnino- of such blockade or investment 
from the comm?inding officer of the ])lockading force, she should 
again attem])t to enter the blockaded port: but she shall be per- 
mitted to go to iiuy othr'r port or place she may think projjer. Xor 
shall any vessel of eitlier of the contracting' parties that may have 
entered sUv-h port before the same vras actually besieged, blockaded 
or invested by the other, be restrained from (putting such place with 
her cargo, if not contraband: nor if found therein after the surren- 
der, shall such vessel or her cargo, if not contraband, be liable to con- 
fiscation, but she shall be restored to the owner thereof. 

Article VII. 

To' avoid all kind of vexation and abuse in the examination of the 
papers relating to the o\Miership of the vessels belom^ing to the citi- 
zens of -the two contracting parties, they have agreed, and do airree, 
that in case one of them should be enuaged in war, the ships and ves- 
sels belonginir to citizens of the other niust be furnished with sea- 
letters or passports, expressing the name, property and bulk of the ship. 



238 Secri-:t Jockxals of the Senate 

and also the name and place of habitation of the master or commander 
of said vessel, in order that it lUciy herel)y appear that the ship really 
and truly belono-s to eitizciis of one of the eontraetina' parties: they 
have likewise ai^reed that such vessels being laden, the said sea-let- 
ters or passports, shall also be pr'>vidcd with certificates contain- 
ing the several particulars of the caruo and the place whence the 
vessel sailed, so that it may be known whether any forbidden or con- 
traband goods be on board the same. — which certificates shall be 
made out by the ofiicers of the place whence the vessel sailed, in the 
accustomed form: without which requisites, the said vessel may be 
detained, to be adjudged by the competent tribunal, and may be de- 
clared legal prize, unless the said defect shall be satisfied or sup- 
j>lied by testimony entirely equivalent. 

Article YIII. 

To prevent all kinds of disorder and irre2:ularity in the visiting 
and examining of the ships and cargoes of both the contracting par- 
ties on the high seas, they have nnitually agreed that whenever a 
vessel of war, public or private, shall meet with a neutral of the 
other contracting party, the first shall remain at the greatest dis- 
tance compatible with the possibility and safety of making the visit. 
under ' the circumstances of wind and sea, and the degree 
of suspicion attending the vessel to be visited, and shall send one 
of her small boats with no more men than necessary to man it, 
for the purpose of executing the said examination of the papers con- 
cerning the ownership and cargo of the vessel, without causing the 
least extortion, violence or ill treatment, in respect of which the com- 
manders of said armed vessels shall be responsible with their persons 
and property. 

Article IX. 

It is moreover am-eed that in all cases, the established courts for 
prize causes in the country to which the prize may be conducted, 
shall alone take cognizance of them : and whenever such tribunal or 
court shall pass judgment against any vessel, goods or property 
claim.ed by citizens of the other party, the sentence or decree sliall men- 
tion the reasons or motives in wliich the same shall have been fo\mded, 
and an authenticated copy of the sentence or decree and of all the pro- 
ceedings in the case, shall, if demanded, be delivered to the com- 
mander or airent of said vessel or property, without any excuse or 
delay, he paying the leiral fees for same. 



Rkpurtjc of .Texas 230 

Article X. 

The liberty of commeree and navigation sliali extend to all kinds 
of merchandize, excepting- tliose only which are distimz'nished by the 
name of eontrnband: and nnder this name of contraband or prohib- 
ited goods, sliall be comprehended: first, cannons, mortars, howit- 
zers, swivels, blunderbnsses, mnskets, fnsees, rifles, carbines, pistols, 
pikes, swords, sabres, lances, spears, halberts. irrenades, bombs, pow- 
der, matches, balls, and all other things belonginc: to the use of these 
arms: secondly, bucklers, hehnets, breastplates, infantry belts and 
clothes made up in a military form and for a military use; thirdly, 
cavalry belts and horses with their furniture ; fourthly and generally, 
all kinds of arms and instruments of iron, steel, brass and copper, or 
of any other materials manufactured, prepared and formed express- 
ly to make war by sea or land. 

Articles XI. 

All other merchandize and things not comprehended in the ar- 
ticles of (r'^ntraband expressly enumerated and classified as above, 
and belonging to citizens of either of the contracting parties, or to 
eitizens or subjects of other countries with which both Texas and the 
United States are at peace, shall be held and considered as free and 
subjects of free and lawful commerce, so that they may be carried 
and transported in the freest manner by both the contracting par- 
ties, even to places belonging to an enemy, excepting only those 
places which are at that time besieged or blockaded; and to 
avoid all doubt in tiiat particular, it is declared that those places 
only are besieged or blockaded, which are actualh^ besieged or block- 
aded by a belligerent force capable of preventing the entry of the 
neutral. 

Article XII. 

Articles of contraband which nuiy be found in a vessel bound for 
an enemy's port, shall be subject to detention and confiscation, leaving 
free the rest of the cargo, if the property of citizens of the contract- 
ing parties or of citizens or subjects of countries with wdiich Texas 
and the United States are at peace, and also leaving the vessel free, 
that the ow^iers may dispose of them as they see proper. No vessel 
of either of the two nations shall be detained on the high seas, on 
account of having on board articles of contrabaud whenever riie 
master, captain or supercargo of said vessel will deliver up th»» ar- 
ticles of contraband to the ca|>tor, unless the quantity of such ar- 
ticles be so great and of so large a bulk, ttiat they caiuiot be re- 
ceived on board the capturing vessel without gri^it inconvenience; 



240 Secrp:t Jouhxals of tup: Senate 

but in this and all otlier easos of just detention, the vessel detained 
shall be sent to the nearest convenient and safe port for trial and 
judgment according to law. 

Article XIII. 

llie citizens of each of the contraL'tinir parties shall have power to 
dispose of their personal effects within the jurisdiction of the other, 
by sale, donation, testament or otherwise: and their representatives, 
being citizens of the other party, shall succeed to the said personal 
effects, whether by testament or ab intestato, and may take posses- 
sion thereof either themselves or by others acting for them, and dis- 
pose of the same at their will, paying such dues only as the inhab- 
itants of the country wherein such eft'ects are, shall be subject to pay 
in like cases. 

Article XIY. 

Both the contracting parties solemnly promise and engage to give 
their special protection to the persons and property of the citizens 
of each other of all classes and occupations, who may be. in the ter- 
ritories subject to the jurisdiction of one or the other, transient or 
dwelling therein, and to leave open and free to their respective citi- 
zens of all denominations the tribunals of jus1:ice for their judicial 
recourse, on the same terms as are usual and customary ^vith the 
natives and citizens of either countrs' and not incompatible with the 
existing laws. 

Article XT. 

To make more effectual the protection which the contracting par- 
ties shall afford in future to the navigation and commerce of the 
citizens of each other, they aaree to receive and admit consuls and 
vice consuls in all the ports open to foreign commerce, who shall en- 
joy within their respective consular districts, all the rights, preroga- 
tives and immunities of the consuls and vice consuls of the most 
favored nations, each contracting party, however, remaining- at lib- 
erty to except those ports and places in which the admission and 
residence of such functionaries may not seem convenient. 

Article XYI. 

It is likewise agi'eed that the consuls, vice consuls, their secre- 
taries, and persons attached to their service, Tthey not beincr citizens 
of the country where the consul or vice consul resides, "i shall be ex- 
empt from all public service, and also from all kind of taxes, im- 
posts, and contributions, except those which they shall be oblieed to 
pay on account of commerce or their property, and from which the 



Kepublic op .Texas 241 

citizens of their respective eoimtries, resident in the other, are not 
exempt in virtue of the stipulations contained in this treaty, they 
beinp: in everythini^ besides subject to the laws of the respective 
slates. The archives and papers of the consulates shall be respected 
inviolably, and under no pretext whatever shall any ma2:istrate or 
other person, seize or in any way interfere with them. 

Article XYIT. 

In order that the consuls and vice consuls of the two contracting 
parties may enjoy the rights, prerogatives and immunities which be- 
long to them by their public character, they shall, before entering 
upon the exercise of their functions, exhibit their commission or pat- 
ent in due form, to the government to which they are accredited; and 
having received their exequatur, they shall be held and considered 
as such consuls and vice consuls by all the authorities, magistrates 
ajad inhabitants in the consular district in which they reside. 

Article XVIII. 



I The said consuls and vice consuls shall have power to require the 

assistance of the authorities of the country for the arrest, detention 
and custody of deserters from the public and private vessels of their 
country; and for this purpose they shall address themselves to the 
courts, judges or officers competent, and shall demand the said de- 
serters in writing, proving by an exhibition of the ship's roll or 
other public document, that the men so demanded are part of the 
crew of the vessel from which it is alleged they have deserted; and 
on this demand so proved^ (saving, however, where the contrary is 
more conclusively proved,) the delivery shall not be refused; such 
deserters, when arrested shall be put at the disposal of the said 
consuls or vice consuls, and may be put in the public prisons at the 
request and expense of those who claim them, to be sent to the ships 
to which they belong or to others of the same nation; but if they 
should not be sent within two months, to be counted from the day 
of their arrest, they shall be set at liberty and shall be no more 
arrested for the same cause. 

Article XIX. 

It rs likewise agreed that the two contracting parties shall, by all 
the means in their power, maintain peace and harmony among the 
several Indian tribes • who inhabit the lands adjacent to the line5 
and rivers which form the boundaries of the two countries: and 
the better to attain this object, both parties bind themselves ex- 



242 Secret Jol'hxals of the Senate 

pressly to restrain by foi'ce. all hostilities and incursions on the 
part of Indians residing- within their respective boundaries, so that 
Texas will not permit the Indians residing within her territory to 
attack the citizens of the United States, or the Indians residing 
within the limits of tlie I^nitod States ; nor will the United States 
sutler their Indians to attack the citizens of .Texas nor the Indians 
inhabiting her territory, in any manner whatever. 

Article XX. 

In the event of any person or persons captured by the Indians 
who inhabit the territory of either of the contracting parties, being 
or having been carried into the territory of the other, both govern- 
ments engage and bind themselves in the most solemn manner to 
return them to their country so soon as they know of their being 
within their respective tei-ritories, or to deliver them up to the agent 
or representative of the government that claims them, giving. to 
each other, reciprocally, timely notice, and the claimant paying the 
expenses incurred in the transmission and maintenance of such per- 
son or persons, who, in the meantime, shall be treated with the ut- 
most hospitality by the local authorities of the place where they 
may be. 

Article XXI. 

It is agreed that the Government of Texas and the Government of 
the United States shall, upon mutual requisitions by them or their 
ministers, officers or authorities, respectively made, deliver up to 
justice all persons, who, being charged with the crime of murder, 
or assault with intent to commit murder, or piracy, or arson, or 
robbery, or forgery, or the utterance of forged paper, or any crime 
amounting to felony or grand larceny, shall seek an asylum, or shall 
be found within the territories of the other: Provided, that this 
shall only be done ui>on such evidence of criminality as, according 
to the laws of the place where the fugitive or person so charged 
shall -be found, would justify his apprehension and commitment for 
trial, if the crime or offense had there been committed. And the 
respective judges and other magistrates of the two governments 
shall have power, jurisdiction and authority, upon complaint made 
under oath, to issue a warrant for the apprehension of the fugitive 
or person so charged, that he may be brouiiht before such judges or 
other magistrates, respectively, to the end that the evidence of crim- 
inality may be heard arul considered: and if on such hearing, the 
evidence be deemed suflicient to sustain the charge, it shall be the 
duty of the examininir judge or magistrate to i^ertify the same to the 



Republic op .Texas 2-1:3 

proper Executive authority, that a warrant may issue for the de- 
livery of such fugitive. 

ARTICLE XXII. 

Except as otherwise provided by the fifth article, this treaty shall 
be in force foi- ten years from the day of the exchang-e of tlie ratifica- 
tions thereof; and further until the end of one year after either of 
the contracting parties shall have given notice to the other of 
its intention to terminate the same, each of them reserving to itself 
the right of giving such notice to the other at the end of the said 
terra of ten years. And it is agreed that on the expiration of one 
year after such notice shall have been received by either of them 
from the other, as above mentioned, this treaty shall, in all the 
parts relating to connnerce and navigation, altogether cease and de- 
termine, and in all those parts which relate to peace and friendship, 
it shall be perpetually binding on both parties. 

This treaty shall be ratified by the President of Texas, by and 
w4th the advice and consent of the Senate of that Republic, and by 
the President, by and with the advice and consent of the Senate of 
the United States: and the ratifications shall be exchanged at Wash- 
ington, within ten months from its date, or sooner if practicable. 

In faith whereof, we, the plenipotentiaries of the Republic of 
Texas and of the United States, have signed and sealed these pres- 
ents. 

Done at AYashington on the thirtieth day of July, in the year of 
our Lord one thousand eight hundred and forty-two. in the seventh 
year of the Independence of the Republic of Texas, and the sixty- 
seventh of that of the L^'nited States. 

James Reily. Daul. Webster. 

(L. S.) * (L. S.) 

Mr. Jack offered a modification of the fiftli article of said treaty. 

^Ir. Jack then moved that the treaty, together with the modification 
or amendment proposed of the fifth article, be referred to the commit- 
tee on Foreign Relations [^Messrs. Lawrence, Pattillo, and Smith]. 
Carried. 

On motion of ]\Ir. Lawrence. ]\Iessrs. J^ck and Greer were added 
to said committee. 

On motion, the ddors were reopened. 

Thursday. December 22, 1842. 
The Senate met in secret session. 

^Ir. Jack. Ciuiirman of th(^ Conimittee <>u Foreign Rebitions, to 
whom was referretl the treaty between the Republie of .Texas and 



244 Secret Journals of the Sexati: 

the United States, with the Pre.sideut's niessa.e'e thereon, reported 
that theA- had examined the same with tlie deepest interest, which the 
importance of the subject demanded, and recommended that the 
Senate do advise and consent to the treaty as it now stands, without 
any modification. 

Report received, and the treaty talcen up and read article by 
article. 

On motion of ^Mr. Greer, the rule was suspended and the treaty 
read a third time. 

Mr. Greer offered the following: resolution: 

Resolved, That the Senate advise and consent to the ratification 
of the treaty of Amity, Commerce and Navigation between the Re- 
public of Texas and the United States of America, concluded at 
Washing-ton the 30th day of July. A. D. 1842. 

The question being taken on the passage of said resolution, the 
ayes and noes stood thereon thus : 

Ayes — Messrs. Baruett, Greer, Jack, Jones, Lawrence, Muse, Pat- 
tillo, Randall, Shaw, Smith and Titus. 11. 

Tliere being no dissenting voice, the resolution was unanimously 
adopted. 

On motion, the Secretary was instructed to report the action of 
the Senate on said .Treaty to the President forthwith. 

On motion, the doors were reopened. 



Tuesday, December 27, 1842. 
The Senate went into secret session. 

The following message from the President of the Republic was 
opened and read, towit : 

Secret. 

Executive Department, 
Washington, Dec[embe]r 22nd, 1842." 
To the Honorable, the Senate and House of Representatives. 

The Executive regrets that ill health and a press of indispensable 
duties have com])ined to prevent his laying before the honorable 
Congress, as he was anxious to do at an earlier period of the session, 
information touching the Navy of Texas. He has to regret, also, 
that he has not been able to procure such information on the sub- 
ject as would be in QVQvy respect entirely satisfactory. Such as i3 
in possession of the Department, however, he freely submits. No 
reference was made to the Navy in the annual message, for the reason 
that it was deemed unwise to present to the world the deplorable 

•See note !> above. 



Kepublic of .Texas 245 

condition of that branch of the public service; and hence, with 
other subjects of absorbing* interest, it was reserved for a separate 
and secret communication. 

When the present administration commenced, the Navy was absent 
in the service of Yucatan. It returned early in 2\ray last oft' Gal- 
veston, and was forthwith ordered to New Orleans and Mobile for 
the purpose of relitting- for the enforcement of the blockade then 
proclaimed by Texas against Mexico; in the confident belief, as ex- 
pressed by its Corumander, that, w4th the aid of the friends of Texas 
in the United States, he would be prepared for sea in a ver\- few 
weeks. The government Avas induced from time to time, by his re- 
ports and representations, to expect it soon to be in a state for 
efficient service on the Gulf. Every assistance which the Govern- 
ment thought advisable under the circumstances in which it was 
placed, had been atYorded in accordance with the views of its Com- 
mander. Nothing, however, was effected of any useful character. 

In the month of July last, Commodore Moore arrived at Houston, 
and represented that if the balance of the naval appropriation, 
amounting to eighteen thousand eight hundred and tw^elve dollars 
and seventy-four cents, was placed at his disposition, by hypothe- 
cating the money as collateral security to his own paper, he would 
be enabled to get at least four vessels to sea. When the money was 
advanced to him, it being the whole amount- of the appropriation 
for the present year, he was expressly required, in the event of its 
hypothecation, so to provide that no portion of it whatever should be 
thro^Ti into circulation under ninety days from the time at which 
he might enter into contract. A portion of the money nevertheless, 
as reported to the Government, returned by the same steam packet 
that transported him to New Orleans: and had a powerful tendency 
to depreciate our currency, by creating- the belief that though the 
issues were restricted at the seat of Goveriunent, yet that large sums 
had been thrown into circulation at other points, in anticipation of 
the restriction upon home issues. From some cause, also, he failed 
from time to time to keep the Government apprised, with as much 
particularity as would have been desirable, of his true situation. 

It will be perceived, by the report from the Department of War 
and ^Marine, of the 15th ultimo,^' that the Commander of the Naw 
finally made known his total inability to get to sea with(uit further 
means, owing*, as alleged, to tlie worthlessness of Texas funds. The 
Government had no additional means to ati'ord — all the available 
appropriation having been exhausted; and hence the only course left 

*See Dooiniient A appHndf^d ro rbis inos.sau'e. 
19— Lib. 



24:6 Sp:crp:t Journals of the Senate 

to the Executive was to order tlie Commander with his vessels to 
report at Galve.ston for further orders. ,This was accordingly done. 

It appears that on the 10th of August the Schooner San Antonio 
was ordered to Sisal, without the knowledge of the Government, 
for the purpose of obtaining the balance of the sum due from the 
Government of Yucatan under a contract with the former adminis- 
tration. Since then the vessel has not returned; and it is the uni- 
versal opinion and belief that she, with her crew, has perished in a 
gale. This imfortunate event cannot be too deeply deplored: for 
while it has diminished our naval force, it has depriA^ed the country 
of the lives and services of the many gallant officers and men who 
composed her crew. 

During the time that the Navy w\is thus inactive, the Govern- 
ments of Great Britain and the United States, complained to this 
Government of the continuance of the proclamation of blockade of 
Mexican ports, when this Government could not maintain a single ves- 
sel upon the Gulf. From which fact, the President felt it to be his 
duty to proclaim a revocation of blockade. 

It will be perceived, by the estimates furnished by the proper 
Department, that the amount required to keep the navy in service 
for one year will amount to no less than two hundred thousand six 
hundred and sixty seven dollars twentj' cents."^ The Executive, how- 
ever, is inclined to believe that to include the contingencies and 
resulting repairs, a sum not less than three hundred thousand dollars 
w^ould be demanded. It is for the honorable Congress to determine 
the question whether Texas is in a situation to accomplish the object 
of keeping our Navy longer afloat, or whether good policy does not 
require us to abandon that arm of defence, and make sale or such 
other disposition of the vessels as will relieve the nation from a 
burthen which it is so utterly unable to sustain. 

It is believed that the individual of whom the vessels were pur- 
chased would be willing to receive them back, if returned, on such 
terms as would exonerate the country from a considerable portion 
of its debt contracted in their 'purchase, and relieve us of much of 
the odium and reproach which have attached to us in consequence 
of the nonperformance of the contract on the part of the Govern- 
ment. .The attention of the Government has been impressively called 
to the situation of this individual owing to his being a foreigner, and 
having entensive conuuercial connexions. 

When we advert to the history of our Na\y from its first establish- 
ment to the present moment, we cannot perceive a single instance 

'This estimate is printed in AppeiuJir to the Journal of the House of Rep- 
resentatives, ^sceentJi (.'ongress, p. '2',}. 



Kepublic of Texas 247 

wherein any important benefit has l^een conferred upon the country 
from its action. No advantage has been achieved by it. This re- 
mark is not made from any disposition to reiiect disparagement 
upon the officers composing the naval corps, but is founded upon 
facts which are to be depk^red, because they have encumbered us 
with debt without producing any beneficial return. Had the one- 
twentieth part of what has been expended for the purchase and 
support of the Na\y, been employed in constructing fortifications 
for the defence of our harbors, the debt of Texas would have been 
at this day millions less, and our coast cind harbors in a much more 
favorable attitude of defence. A clamor induced the creation of 
the Nav>\ Experience has taught us the impolicy of the measure; 
and now necessity propounds the question, w^hether it is true policy 
longer to crush the energies of the Government and depress the 
nation by attempting to maintain an establishment which experience 
tells us is utterly beyond our means. So long as w^e continue to pre- 
sent the semblance of naval power, so long will the hopes of the 
country be tantalized and at last disappointed. 

To give etriciency to our Government it is proper that we should 
not permit any diversion of our energies. To economise our means 
and concentrate all our resources upon objects of unquestionable im- 
portance and utility should be our first purpose. If we, as a nation, 
had means sufficient, or if it were even barely possible for us to 
maintain a navy, the Executive might incline to the opinion that. 
though it might not be the wisest policy, yet, if the fatal experiment 
had not been made, that we might be excusable for a trial of the 
measure. But in our present destitute condition, it is so manifest 
that we have not means to maintain the establishment, that I do not 
hesitate in pronouncing a further experiment as deeply injurious 
to the public interests. If Texas cannot preserve the vessels from 
wreck and ruin, for the want of a few hundred dollars, when they 
have cost hundreds of thousands, how can she maintain the estab- 
lishment, even in its present dilapidated condition, when hundreds 
of thousands yearly must be provided for its support. 

For a naval power, shipyards, docks, mechanics, sailors, are all 
required. Texas has none of these facilities — not even for repairing 
a single vessel. She originates no seamen ; and is dependent on 
foreign ports and forign countries for everything connected with 
her na^-y. If her vessels go into foreign ports for repairs, she has 
no means to pay for such repairs, to ship her seamen, or provision 
them for even the shortest cruise. The result must, therefore, for 
a great while be, as it is now, that after having exhausted the whole 
amount of the appropriations of an impoverished Government, in- 



248 ISecret Joukxals of tue SeNxVte 

stead of bein,!,' in au efficient state to encounter the enenn% the Com- 
Diander dechires himself unable to extricate himself, or the vesesis 
under his command, and repair to our own ports in obedience to 
orders. As remarked above, this is now actually the case. He avers 
that without additional means, for the payment of the officers and 
men, he will be left in a situation unable to navigate his vessels from 
the harbor in which they are now anchored. 

Facts have been communicated to the Government of such a char- 
acter as would seem to show that many of the officers of the Navy have 
been and yet are without pay, clothing or the common necessaries 
of life — notwithstanding the sixty one thousand nine hundred and 
seventy-one dollars which have been placed at the disposition of the 
Commender, viz: forty one thousand nine hundred and seventy one 
dollars received, in specie, from Yucatan, within the last twelve 
months, according to the memorandum of the Commander himself, 
embraced in the report of the Acting Secretary of War and Marine 
herewith transmitted^; and the twenty thousand dollars appropri- 
ated by the last Congress. They seem, too, to be under the appre- 
hension that the Government has witiiheld means intended for their 
support, and ascribe great credit to Commodore IMoore for his indi- 
vidual exertions in their behalf — apparently ignorant of the sums 
which have been placed under his control and at his disposition; and 
suggest that the GovernmxCnt had received one-half of the twenty-five 
thousand dollars received for services in aiding in the reduction of 
Tabasco in 1840. 

The Commander as well as the officers seem to consider it as a mat- 
ter of right that they should have had the additional appropriation 
of the extra session of the sum of fifty-seven thousand four hundred 
and twenty eight doRars and fifty cents, besides twenty five thou- 
sand dollars for outfit and provisions, though it was well known that 
the appropriation was continizent in its character, and that the Gov- 
ernment had not had it in its power to advance any portion — no 
money having been received under the appropriation to enable it to 
do so. 

Such was the solicitude of the Executive that the Xa\y sliould pro- 
ceed to sea in the enforcement of the blockade that he, in addition 
to the entire appropriation furnished Commodore [Moore] for that 
purpose, incurred an individual liability amoimting to ten thousand 
dolhirs, by drawing on himself, payable provided the Steam Ship 
Zavala could be fitted for service. The liability placed in the hands 
of Commodore ]\Ioore, with instructions to be used for the intended 
pur[H)se. has not been retu!"ned. nor does the Exeeutii^e know how 

'See Document A appended to this message. 



Republic of .Texas 249 

far he is exonerated from its application. The Commodore in his last 
communication, herewith submitted"', seems to be at a loss to know 
what has become of it. 

,The Honorable Congi-ess will perceive from the foregoing facts, that 
every exertion, individual as well as official, on his part, has been 
made with a view to render the services of our Xav^'' advantageous 
to the country. If in this he has failed, he feels fully acciuitted of 
all reprehension. 

Another subject to which I w^ould invite the attention of the 
honorable Congress, is that of our relations with ^Mexico. On the 
loth day of October last, a representation and protest was ad- 
dressed by this Government to. the Governments of Great Britain. 
France ^nd the United States. In that paper, herewith sent,^^ ?. 
view of the hostile conduct of our enemy, such as this Government 
thought just and proper, was presented to those courts. It was 
believed at the time that to invoke the intervention of those powers 
on this subject, was a right possessed by Texas under the law of 
nations. Xo injury to Texas can result from the course, and it is 
confidently believed that the facts as represented by the Secretary 
of State, will not be disregarded by those enlightened Govern- 
ments. If it should fail in the attainment of the object sought, 
Texas certainly cannot be px^ejudiced, or placed in a situation less 
dr-sirable than that she would have occupied had the pj'otest not 
been preferred. 

The views and policy of this Government, in relation to ]\Iexico. 
have not been based upon or intluenced by the supposition that we 
should fold our arms and i-emain in our present attitude, relying 
alone upon this interpositon in our behalf. How far we may ex- 
pect the interference of those powers, in reference to our affairs, 
we can only infer from the friendly disposition which they have 
manifested toward us. It was the duty of England, under a solemn 
treaty, to offer her mediation, which has so far been rejected, and 
the fact announced to this Government. The United States have man- 
ifested a disposition to interfere as far as consistent with her amica- 
ble relation.*; with ^Mexico ; and by extracts from private notes ad- 
<lressed by the Charge d 'Affaires of Her Britannic ^lajesty, to the 
P^xecutive, which are herewith submitted,^^ it will be perceived that 
France has also manifested a readiness and willingness to become, 
as far as she can, a party to the mediation. How far the united or 

*See Document B appended to this messa?:e. 

'"This letter is printed in C. Edwards Lester, ^^am Houston and His Re- 
j)ubUc, p. 16H-1G7. 

^'The extract.9 from private notes referred to have not been found. 



250 Secret Jourxals of the Senate 

separate efforts of those powers may influence the action of Mexico, 
it is not possible to divine ; but they certainly present the .ground for 
a reasonable hope that thc}^ will have a beneficial influence upon our 
affairs with that country. 

In reply to the desire expressed by one branch of the honorable 
Concrress, for all the information in possession of the Executive, 
in relation to the probability of invasion, he can only say that from 
the general tenor of the information (if such it can be termed) 
which he has received, he is left to make his reflections without such 
data as ^vould enable him to arrive at satisfactory conclusions. His 
opinion is, that I\Iexico is, at this time, in a revolutionary condition: 
and should the present dictator and congress disagree as to the 
form of government now or lately under discussion, the conse- 
quence will be an attempt to rivet the chains of his power upon tht^ 
Mexican people by miltary force: and in that event, a revolution 
w411 most probably ensue. Should this be the case, it is not prob- 
able that ^Mexico Avould be in a situation to invade .Texas with a 
formidable army; nor can I yet believe that she will attempt the 
establishment of a permanent force within our limits. Her super- 
iority by sea may enable her to harrass our seaboard, and thereby 
inflict upon us occasional embarrassments. To this end, therefore, 
we ought to direct some precaution. 

That she will attempt an incursion into our borders "with an in- 
considerable regular force, united with rancheros and a few Indians 
as auxiliaries, may reasonably be expected. If this should be the 
case we should be prepared for them by the first of ^larch, at 
farthest. The Executive hopes, with the aid of Congress, to have 
it in his power to meet this possible emergency. Alone and un- 
aided by means, he can achieve nothing. With the assistance of 
Congress much may be done. He anticipates confidently a treaty 
of peace and amity with all the Indians upon our borders: and 
should adequate means be placed at his dispositon ho can render 
them efficient friends in preventing the successful inroads of the 
Mexicans; as they would have it in their power and be ready, with 
small encouragement, to deprive the enemy of their cavalry and pack- 
mules. 

The adoption of this course of policy would not be at variance 
with the principles of civilized warfare; for to embarrass our enemy 
by every means in our power, not at war with the dictates of hu- 
manity, is universally conceded to be justifiable. And whilst the 
Indians would be thus employed, they Avould not be permitted to 
violate any principle or law of humanity. ^Mexico has employed 
exasperated savages against us in the field of battle and has sought 



Republic of Texas 251 

to stimulate them tlirouoliout our bnr.lers to outrntie and blood [shed i. 
The happiest results are to be expected from a pacification with 
the Indians: and we shall have the stron^'est guaranty for their 
fidelity to our cause, in the fact that they have been engaged for 
years in hostility against us; for they will naturally feel solicitous 
to contirm our friendship by evincing a zeal in our service. .They 
may be made as valuable for their friendship as they have been in- 
jurious by their hostility. 

The several papers, No. 22, 23, 2-i and 25, being original de- 
spatches'^- from the non[orable] Aslibel Smith, our Charge 
d 'Affaires in Europe, are herewith submitted for the examination 
of the honorable Congress. It is requested, that after they shall 
have been read, an order may be made for their return to the De- 
partment of State. It is also requested that this message with all 
the accompanying documents be transmitted, under injunctions of 
secrecy, to the honorable the Senate, for their perusal. 

Sam Houston 
Document A. 

Department of War and Marine, 
Washington, 15th Nov, 1842. 
To His Excellency, Sam Houston, 

President of the Republic of Texas: 

Sir: In reply to Tour Excellency's enquiry, whether special re- 
ports have been made to the Department by the Otiicer Command- 
ing the Navy, touching the condition of the Vessels under his com- 
mand, and of the dislnirsement, or dispositon made of the funds re- 
ceived by him from the authorities of Yucatan under the agreement 
made with that Government for the use of our Squadron, and also 
of the amount recently placed in his hands to complete the outfit 
of the Vessels then lying in the Port of New Orleans, I have to in- 
form you that full and formal reports have not been received touch- 
ing any of these subjects, and none at all with regard to the last. 

Of the Vessels, reports of their fitness or unfitness for service, 
have from time to time been made, with the repairs necessary, and the 
extent and cost of such repairs. These, together with that lately made 
by Lt. D. H. Crisp of the condition of those now in Galveston Harbor 
give a pretty correct knowledge of the condition of all our Vessels of 
War. With respect to which, with the funds above referred to, I 
have the honor to submit the foUowino- brief statement: 

The whole amount of money received from Yucatan by Commo- 
dore Moore, as acknowledged by letter in July last, was $41,971.00; 

^The despatches from Aslibol Smith reierreil to al)OVft are printed in 
Garrison, Diplomatic Correspo7idence of the Republic of Texas, II. 



252 Secret Jourxaes of the Senate 

for the disbursement of which vsuin. the Department has been furn- 
ished with the following" memorandum: 

Expended in New Orleans and Galveston previous to 
sailing:, for shippinc: men, provisions, clothing, munitions 
of war, ri.ixi^ing- and ship chandlery $28,648.78 

Expended on coast of Yucatan for provisions and for 
Officers from Deer. 1841 to 2Sth xVpril 1842 4,960.00 

Paid to otfieers, and men discharged in Galveston, New 
Orleans and Mobile 6,868.00 

For provisions, awnins^s and shipping men since return of 
Vessels to New Orleans and Mobile 4,265.64 

Amounting altogether to $44,742.42 

which shows a balance in his favor of $2,771.42. There still re- 
mained a balance due from Yucatan for which the Sch[oone]r San 
Antonio had been sent, but whether any part of it was received, is 
not known certainly. If so it will be accounted f-rr hereafter. 

The sum estimated for to complete the outfits of the two Vessels — 
Ship Austin and Brig Wharton — then lying in New Orleans, (9th 
July) was $10,800, which amount, it was represented, could be 
raised in the City of New Orleans by Comm[odore] i\Ioore, upon 
his own paper, by using as collateral security the unexpended bal- 
ance of the appropriation for the support of the Navy for the cur- 
rent year, amounting to $18,812.74, in Echequer Bills. This amount 
was accordingly drawn by him on the 23rd of July or about that 
time, and was to be employed for the purpose above mentioned ex- 
clusively, under the following instructions from the Department of 
that date, viz: That the Bills were to be hypothicated or pledged 
as collateral security, on the most advantageous terms that could 
be obtained, and not on time shorter than ninety days, but as much 
longer as could be obtained; that if a negociation was found im- 
practicable, without a forfetiture in case of non-redemption at the 
expiration of the time agreed upon, then to hold them liable to that 
forfeiture. 

No intimation has been received from him as yet, whether the 
above sum or any portion of it, has been used. He has reported his 
progress from time to time, and the difficulties experienced in ne- 
gociating for funds, the worthlessness of Texas securities in New 
Orleans, etc., and finally his inability to get to sea without funds, 
but does not state the sum required Upon receipt of this intelli- 
gence, he was directed, in accordance with Your Excellency's in- 
structions, to report at Galveston immediately \vith the Vessels un- 



Republic of Texas 253 

der his commnnd, provided he could not, with the mccins at his com- 
mand, prepare them forthwith for' sea. 

The Ship and Brier have received such repairs as they required, 
and are now in good condition; but the Ship will require new 
copper entire in a very short time. They have been provisioned, but 
seamen are yet vv-nntinc: and clothing for them. The San Antonio 
sailed again for Sisal, Yucatan, on the 19th August since then not a 
word has been ree-eived respecting her. She had not sufficient time 
to make the riui, unless favourable winds prevailed, prior to the 
great gale in Sept in which I fear she was lost with those on 
board. It is difficult to account for his absence or the silence of her 
Commander in any other way. The Schooner San Bernard and Steam 
Ship Zavala are both aground at Galveston, as before reported. The 
former in iibout two feet of water, and but slightly damaged; but 
she will have to be lifted into blocks, repaired and then launched. 
This can soon be done, and will require a sum not less than two 
thousand dollars. The former cannot be repaired — she is a wreck, 
and had she been so considered months ago, fifteen thousand dollars 
might have been saved to the Government. Her engines alone were 
worth twenty-five thousand. Avhereas they will not now sell for ten. 

I would recommend that the boilers, engines and such other parts 
of her as may be worth anything, be sold as soon as notice can be 
given in the United States, as it is not presumed that they could 
be sold to advantage without such notice, I would also recommend 
that some provision be made to get the San Bernard afloat without 
delay as she must sustain additional injuries every day, and will 
require an amount to repair her in a short time equal to her value. 

Whether any blame should attach to the Officer commanding her 
or not, the Department cannot determine He reported that every 
precaution possible had been taken to guard against such an oc- 
currence, but that her anchors were too light, which were dragged 
ashore with her. Her provisions being exhausted, the most of her 
crew have been discharged; the remainder, with the Officers are on 
board the Brig Archer. This last Vessel is securely moored, and 
doing well. She is however stripped of her guns, rigging and sails, 
and indeed almost everything that could be removed. Ten thousand 
dollars at least will be required to equip her as a vessel of war. 

I have the honor to inform Your Excellency that in accord- 
ance with the provisions of the sixth section of the Joint Kesoliition 
"making appropriations for the support of the Na\w," approved 
the 23rd July, 1842, Charles Rassignol Esq. was appointed Navy 
Agent. 

Commodore ]\loore has been instructed upon his arrival at Gal- 



254 Secret Jourxals of the Senate 

vestoD, to make full reports of the condition of all the Vessels, the 
miniber of officers, seamen and marines to,2:ether with the disburse- 
ments of all monies received by him, and all other information which 
it may be necessary for the Department to jjossess. So soon as such 
reporls shall have been received, their contents will be laid befors 
Your Excellency immediately. 
I have the honor to be 

Very respectfully 

Tour Obt. Servt 

M. C. Hamilton, 
Actg. Sec. War and Marine^' . 

Document B. 

Department of War and Marine 

Washington, 13th Deer, 1842^-^ 
To His Excellency. Sam Houston, 
President of the Kepublic. 
Sir: Herewith enclosed I transmit a copy of a communication 
fi'om Post Capt. E. AV. Moore, Cornmandin^^ Texas Navy, dated 
''New Orleans. 2nd Deer. 1842." 
I have the honor to be 

Very respectfully 

Your Obt. servt. 

M. C. Hamilton, 
Actg. Sec. of War and Marine 

Copy. 

.Texas Sloop of War Austin, 
New Orleans, Dec. 2nd, 1842. 

Sir: Your communications of the 29th Octr. and the 5th No- 
vember, enclosing duplicate of the 29th October have been received 
since I last wrote, Tth Inst, [sic] and your communication of the 16th 
November was received yesterday, but one Steamer has left since 
the receipt of the former, which I was unavoidably prevented writ- 
ing by as I intended. 

No one regrets more than I the fact that I have not been able to 
procure funds suttlcient to get to sea with the Exchequer Bills placed 
in my hands, in my letters of the 3rd and 19th of August I re- 
ported the repairs that had to be made on the Ship and the new 
spars that had beeci placed in her and the Brig Wharton ; and on 

"Endorsed on above report are the words: "Special Report of the Acting 
Secretary of War and -Marine, in relation to the Navy. Nov. 15th 1S42. 
Secret." (A. D. S. in Navy Pnpers. Texas Stare Library.) 

"A. L. S. in Navy Papers. Texas State Library. 



Republic of Texas 255 

the 7tli September I reported that I had procured nearly all of the 
substantial articles of provisions; I considered it unnecessary to state 
how I had procured tliem as the Department was informed by rae 
while in Houston in July, that I had no other means of obtainini:: 
either supplies or money, at the date (early part of September) 
when ''the Department was advised that at least ten thousand Dol- 
lars of the Exchequer Bills brought here by me Avere in circulation, 
I had in nuj possession over twelve thousand dollars of them, and 
there was and is here at this date, hypothicated for provisions etc. 
$4,100 of them. 

In relation to information or advices that the Department may 
hear of me, I beg leave to refer you to my communication of the 4th 
April last, in which you will find my reasons for the effort of cer- 
tain persons to injure me, which I deem unnecessary to repeat here. 

I in order to prevent the circulation of any of the Exchequer Bills 
until after the expiration of the time that I was authorized to 
hypothicate them, I made heavy personal sacrifices, and am n\,w 
liable for a considerable amount of money which could not have 
been procured here on the faith of the Government as any one 
here well knows; and not until the sailing of the Neptune on the 
ISth of November did I consent to sell one dollar of the Exche- 
quers; by her something less than a thousand dollars VNcnt over; and 
on the sailing of the New York (24th November) eight thousand 
seven hundred dollars went over, which / icas compelled to sell to 
meet the demands against me for supplies of those articles of pro- 
visions which I have to purchase every week, and to return the 
money which 1 borrowed to purchase copper for the ship's bottom 
when she was in Dock. 

Tlie provisions which I procured in August were the following, 
Beef, Pork, Vinegar, Beans, Raisins and Tobacco for a full com- 
plement for all the Vessels for sixteen weeks, and there is now on 
board this Ship and the Brig enough of those articles for a cruise 
of ten weeks — the other articles of the rations viz: Bread. Floui*. 
Sugar, Tea, Cheese, Butter, }Tolasses and "Whiskey I obtained on my 
own credit, for I have no money, in small quantities weekly. 

In reply to the inquiries in yours of the 5th November, I have to 
state that one of the individual responsibilities referred to, was re- 
turned to the Department while in Houston on July 2nd, and I 
stated to His Excellency, the President, that with the other nothing 
could l)e done, and that I would have returned it at that time had 
I have had it with me. I have not been able to lay my hands on it 
since my return or it would liave been returned, my impression 
is that Mr St John has it, and he has gone to the North, it can 



256 Secret Journals oe^ the Senate 

however be of no avail as the authority to ne.^^ociate was given to 
me only. 

I regret the condition of the San Barnard and unless something 
is soon done with her she will be Ijc-yond repair — twenty five ^thou- 
sand] dollars ($25,000) of the appropriation of the extra session of 
Congress was for provisions and outfits and it would taive a very small 
proportion of it for her — in fact that amount Avould be ample to repair 
the San Bernard and fit out the squadron for a cruize of four 
months, I mean this Ship, the Brig Wharton and the San Bernard. 

The San Antonio sailed from Galveston on the 27th of August, 
first for ]Matagorda, and then for the Coast of Yucatan, having on 
board over three montlis provisions, which could have been made to 
last four months. I did not mention her having sailed, or the na- 
ture of the cruize, deferring it until her return, which I have been 
anxious!}- [awaiting?] for more than a month, but from news re- 
ceived from Campeache two days since, up to the 15th November 
she had not been heard from and I very much fear that she foun- 
dered or was capsized in one of the three heavy gales of September 
and October. The object of the cruize was to reconnoitre ofi the 
coast of Yucatan, and in the event of the people of that country 
holding out against the .Troops of Santa Anna, Lieutenant Com- 
manding Seeger was to communicate with the Governor and en- 
deavor to obtain funds to fit out the Xa^y. 

I received a letter from the Secretary of War and ^Marine of 
Yucatan in the early part of November, from the tenor of which T 
have been expecting funds from that quarter, bnt from an arrival 
here from there two days since I fear that nothing can be expected 
from that quarter, for the enemy are upon them both by sea and 
land, the letter stated that in a shoit time the Government in- 
tended sending an Agent to Washington City for the purpose 
of making arrangements for the acknowledgement of their Inde- 
pendence which would be declared in a short time. 

I have been compelled to discharge within the last month about 
thirty men, whose term of service had expired and had not one dol- 
lar to pay them off: this frequent occurrence, which I have repeated- 
ly communicated to the Department, is one having a most injurious 
tendency and creating greater difficulty in procuring seamen for the 
service, these men were shipped in ]\Iay last in this Port, and on the 
14th Inst, [sic] there are not more than six men in both vessels whose 
term of service will not have expired, under ^liis state of things the 
Department will see the utter impossibility of moving the Vessels 
from their present anchorage without means to ship seamen and not 
one will ship until those who are in the city (and they are running 



Republic of Texas . 257 

ai'ter me wheuever I am on shore for their pay) are paid off. neith- 
er can towage or pilotaire be obtained on the credit of the Govern- 
ment, in short nothing can be obtained here on the credit of the 
Government. If it were in my power to raise the funds to carry 
out the orders of the 2yth Oct[obe]r, reiterated on the IGth No- 
vember, it should most certainly be done, but I have exhausted all 
my means and very nearly all my credit. 

If the Vessels Avere at Galveston in ordinary, and were to be 
fitted for sea they would have to be brought here to obtain seamen, 
and the towage and pilotage in and out would cost as much as the 
advance to half the men required, if I had the means to ship a 
crew^, and purchase the balance of our provisions and clothing, 
(ordnance stores and ammunition we have plenty) I could sail in 
a few days, and as the enemy are now on the Gulf, (blockading 
Campeache) poorly manned, and even if they were better manned, 
I would not hesitate attacking them with this Ship and the Brig 
Wharton, every Officer in the service is anxious, exceedingly 
anxious to get off. 

I feel it my imperative duty to again call the attention of the 
Department to the condition of the Officers as stated in my two com- 
munications of the 2nd and 24th July last. 

By the last Steamer I forwarded to the Auditor the Returns of 
Pursers N Ilurd and F. T. AVells up to the end of the Quarter end- 
ing 30th September last, and by this Steamer I forward my ac- 
count current for the disbursement of moneys received from the 
Government of Yucatan, which would have been sent some time 
since but for two receipts from purser J. F. Stephens, which I re- 
ceived only a few days since. 

I sincerely hope that in a short time the appropriation made by 
the Extra Session of Congress for the Navy will be available in order 
that we may be at sea-; and I feel it my duty to state to the Depart- 
ment that unless the Officers are provided for at least in some 
measure that it will not be possible for them to remain in the service. 
I have the honor to be 

Your Obt. Servt. E. W. :^Ioore 

Comxlg Texas Nav^'. 
To :\I. C. Hamilton Esq 

Actg Sec. of War and ^Marine 
Washington, Texas. 

A correct copy 

M. C. Hamilton. 

Actg. Sec. War and Marine 

Washington, 13th Dee. 1842. 



25S Secret Journals of the Senate 

Mr. Greer moved that the forecroing communication from the 
President, marked secret, be referred to the Committee on Foreign 
Relations [^Messrs. Lawrence, Paltiilo and Smith]. Carried. 

On motion, the doors were reopened. 



Wednesday, December 28, 1842. 

The Senate met in secret session. 

]Mr. Lawrence moaned that that portion of the documents trans- 
mitted by the Executive, together wiih that portion of the message, 
of the 22nd instant, relating particularly to naval affairs, be re- 
ferred to the Committee on Naval Affairs [Messrs. Greer, Barnett 
and Byrne]. Carried. 

On motion, the doors were reopened. 



Saturday, December 31, 1842. 

The Senate met in secret session. 

A communication from the President, marked secr^et, was taken 
up, and together with the accompanying documents, ordered to be 
transmitted to the House of Representatives in accordance with the 
request of the President. 

The following communication, marked secret, was taken up and 
read: 

Executive Department, 
Washington, Dec[embe]r 30th, 1842.^^ 
To the honorable the Senate: 

I herewith respectfully submit, for the consideration and consti- 
tutional advice and consent of your honorable body, the following 
nominations, viz: 

Francis B. Ogden, Consul of the Republic for Liverpool, G[reat] 
Britain. 

Alfred Fox, Consul of the Republic for Falmputh Great Britain. 

Jolm Graham Stewart, Consul of the Republic for Glasgow, 
Great Britain. 

John Atkinson, Consul of the Republic for Kingston-upon-Hull, 
Great Britain. 

John Roxburgh, Consul of the Republic for Greenock, Great 
Britain. 

Thomas Were Fox, Consul of the Republic for Plymouth, Great 
Britain. 

Basil G. Ijomes, Notary Public for Colorado County. 

I avail myself, also, of the present occasion to invite the attention 
of the honorable, the Senate, to the urgent propriet}' of providing 

"See note 3 above. 



Republic of Texas 259 

by law for the compensation of the consular n^zents of the Govern- 
ment. As the laws now stand, no provision whatever is made, 
whereby our consuls can be reimbursed for indispensable outlays 
for the service of the country whose interests they superintend 
and protect. Seals, flags, postages upon documents of a national 
character sent to the Department of State, and upon regular of- 
ficial correspondence, and books of record and oftice furniture, have 
hitherto been supplied from private liberality alone. This should 
no longer continue to be the case. The Government which requires 
the time, labor and attention of its public fimtionaries of this grade, 
should exercise towards them some show of reciprocity. And this 
cannot be done upon any plan so equitable and available to the par- 
ties interested as by the allowance of reasonable perquisites upon 
the performance of official acts, regulated upon a scale correspond- 
ing to the probable amount of business to be done. 

I would therefore, respectfully recommend that a law be passed 
authorizing all our consular agents to charge and collect fees, in ac- 
cordance with specific instructions from the Executive through, the 
Department of State, upon invoices of merchandize, passports and 
the other usual acts performed by the like agents of other coun- 
tries. 

.The consular attestation to invoices of merchandise would oper- 
ate as a protection of the reventte against fraud, and at the same 
time be a material convenience to the importer, by dispensing with 
the harassing, and in some cases, injurious examinations which 
must otherwise be made into the contents of bales, boxes and pack- 
ages of goods at the Custom House. 

A reasonable charge, also, for passports to persons coming into the 
Republic, would not only furnish a means of compensation to the 
Consul, but would, it is believed, result in salutary advantages to 
the country, b}' subjecting to scrutiny and inspection the person?. 
names, and character and pursuit of any and every indi\adual in- 
troducing himself within our limits. Thus would our population 
be in great degree protected from the inroad of a class of persons 
of ill fame and criminal notoriety, who but too frequently seek a 
home among us: and, instead of making good citizens, blight tha 
peace and morals of the community which may receive them. 

The rates of fees, it is thought, may be more equitably graduated 
by rhe Executive, than by any positive enactment, for the reason that 
the perquisites at some consular stati(ms would be, in amount, much 
larger than at others, and will van.- under different circumstances. 
For instance, the rates prescribed for the station at New Orleans 
should, at this time, be much loss than elsewhere, for there a much 



260 Secret Jourxals of the Senate 

lartirer amount of business would be done, and the aggregate oi" 
compensation to the Consul would, at very moderate rates, be 
ample. 

I would also, respectfully ask the notice of the honorable, the 
Senate, to the following extract of a private note addressed to the 
President of our Charge d 'Affaires in Europe, and dated London, 
Oct[ober] 2Gth, 184:2. He says: **! shall leave the supervision oi' 
our affaires here in charge of 'Mr. Eate, our Consular Agent. Let 
me on this occasion invite your attention to consider ]\Ir. Rate's 
appointment. His house is one of the most respectable in London; 
one of his partners is a director in the Biink of England; and 
Mr. Eate enjoys the best reputation for capacity in mercantile af- 
fairs and for integrity. He has been judiciously active since he 
undertook the consular agency." Sam Houston 

On motion of ^Mr. Greer, that portion of the message relating to 
consulates, was referred to the committee on Foreign Relations 
[Messrs. Lawrence, Pattillo and Smith]. 

On motion, the doors were reopened. 



Wednesday, January 4, 1843. 

.The Senate met in secret session. 

The following" message from the President, marked secret, was 
opened and read: 

(Secret.) Executive Department. 

Washington, January 3, 1843.^"^ 
To the honorable, the Senate, and the House of Representatives. 

The Executive, in conformity to what he conceives to be his duty, 
at the very first moment of leisure with health sufficient for the pur- 
pose, transmits sueh information touching the present condition of 
the Xavy as may be of some importance to the honorable Congress. 

It is needless to reiterate, that the last cent of the appropriation 
placed at the disposition of the Executive for the support of the 
Navy for the year 1842, has been issued to the proper officer; and 
that there is every reason to believe it has been expended: with 
what benefit to the country, the President does not pretend to say; 
and contents himself with simply submitting the fact. 

For the purpose of showing as far as practicable the actual con- 
dition of the Navy, copir-s of letters are herewith laid before the Con- 
2!ress, marked 1 and 2. addressed to the Seeretaiy (^f War and ^larine 
bj' Commodore E. W. ^loore, under date of 19th December, ultimo, 
and Lieutenant D. H. Crisp of the 21st of the same month. 

^"See note 3 above. 



Replblic of Texas , 261 

It will be |)ei-L'eived that Commodore ]\Iooi'e is without funds. lie 
has not accounted for the disbursement of the appropriation of the 
twenty thousand dolhtrs made for the service of the past year. Th.,' 
officers under him are in a destitute condition for clothing, and 
"they, every one of them, need money*'. He appears to rely upon 
an appropriation made at the called session in July last, to enable 
him to extric.'ite himself from his present difficulties: although he 
must be fully aware that that appropriation has not been and is not 
now available. The situation of Lieut [enant] Crisp is even yet more 
destitute and deplorable. He and his officers are subsisting on the 
charity of their friends at Galveston. The President has no means 
to bestow upon them for their relief: because the appropriation has" 
long .since, as above suggested, passed out of his control into the 
hands of the appropriate officer. 

In the extract given by Lieut [enant] Crisp from a letter of Com- 
I modore ^loore it w(>uld apps^ar that the Commodore was disposed to 



reflect upon the Department of AVar and Marine for not 
I having the ground tackle of the vessels repaired and im- 

j l^roved — suggesting its deficiency was notorious. It miuht have 

[ been notorious in the Xavy. and no doubt was ; but it does not ap- 

\ pear that he made any requisition 'upon the Department for the 

I ■ repairs or improvements necessary. It was his duty to have done 

I SO; and while the appropriations were within the control of the De- 

l partment: or. after having drawn the appropriation himself, his first 

I and bounden duty was to have procured such repairs and made up 

I such deficiencies as were necessary. This he appears, in the midst of 

I his surprise, to have overlooked: and though he alleges that he had 

I attempted to impress, on repeated occasions, the fact on the Depart- 

ment, he must have regarded it as unnecessary, when the entire ap- 
l propriation came into his hands. This was the case previous to the 

\ destruction of the San Bernardo, which appears to be attributable 

I to the want of suitable ground tackle, in v.hicii all the vessels of the 

I Xavy were, it is alleged, very deficient. 

■ As early as the month of October, the Executive became perfect- 

I ly satisfied, that nothing' would be achieved by the Xa\'y: and, as 

heretofore stated to the honorable Congress, the President directed 

that it should be ordered into Galveston: provided it could not be 

forthwith got to .sea in a condition for efficient service. That order 

I has been since repeated: but owing to his inability, or disinclination 

i to ol)ey or(hn's. the Commodore has not complied. On the 2nd in- 

I slant i-t was again" repeated throusrli the proper Department, as 

I will l)e seen Ity Mr. Hamilton's letter, Xo '^, accompanying. 

f Tlie President nctHl not express the painful solicitude which lie 

20 — Lib. 



262 . SrX'KET JuLTvXALS OF THE SkXATE 

feels ou this subjof^^t. Havinii- lierotofore laid it before the honorable 
Cori<jress, with as much iireency as he thou,2:ht consistent with the deli- 
cncy of tlip relations whi(di he bears to it. nothinir but his anxiety 
conhl induce him aeain to call attention to the subject. The ac- 
companyinir papers inculcate the crreat necessity of adopting some 
imiiiodiate course which may be calculated to produce some g-ood to 
the nation by saving what remains of the Navy and preventing 
further expense ond involvement. 

From the best estimate that can be made out. the actual daily ex- 
penses at this time will exceed one hundred dollars. This is without 
any corresponding benefit: and the estimate is made in hard dollars. 
The wear, tear and decay of the vessels and injury resulting from 
their present condition may also fairly be estimated at a clear loss 
of one hundred dollars per day, making the daily injury to the coim- 
try amount to about two hundred dollars per day; to fourteen hun- 
dred dollars per week: to six thousand dollars per month: and to 
seventy two thousand dollars per annum. This calculation is made 
upon such data as to leave no doubt of its correctness. 

^Tiile the Government remains without one dollar at its disposi- 
tion, and expenses continually and ine\'itably increasing, the Exec- 
utive is constrained to ask what can be done? If no expense would 
accrue imtil a decision of the question was made by the honorable 
Concrress. and no injury result to the public property, it might be 
postponed. But as evils of great magnitude are daily resulting, ex- 
penses inrreasing. no means providing, and no hopes of getting the 
Navy to sea. the Executive feels Avarranted in soliciting most re- 
spectfully and urgently the attention of the honorable Congress to 
the subject. Early and prompt attention on the part of the Con- 
gress and Executive may effect a great saving to the nation, and rid 
the country of heavy expense, and increase our means by a judicious 
disi)osition of the Xa\y. .Texas is totally unable to maintain it in 
service : an efi'ort to do so ^.vill only be attended with disappoint- 
ment and misfortune. 

Although T have not the data before me, my impression is, that 
we arc now in arrears with individuals for pay due to otHcers and 
seamen, provisions procured at various times, contingencies, and re- 
pairs done, in a sum little short of an hundred thousand dollars. 
We have no means to meet these demands; and they constitute a 
source of tnuUess annoyance to the officers of Government. If in- 
dividuals nuike demand upon the Government for the payment of 
tlieir claims, and it is unable to meet them, it is a most fruitful 
source of denunciation and abuse of those entrusted with the admin- 
istration of the laws, creates discoTitent. is attended with disappoint- 



Republic of Texas 263 

ment. gives rise to di.s affect ion, and hence active emplo\TQent to 
demagogues. Those evils are certainly to be deprecated; and the 
honorable Congress can do much towards obviating them. 

It is respectfully re([uested that the honorable, the Senate, will 
cause this communication with the accompanying documents to bo 
transmitted to the House of Representatives. 

Sam Houston 
Number 1. 

Texas Sloop of War Austin, 
New Orleans, December 19, 1842.^'' 
To the Hon. Secretary of War and Marine : 

Sir — I wrote by the last steamer, and I avail myself of the sailing 
of the Neptune to forward muster rolls of this ship and the Brig 
AYharton, by which the Department will see how many men we have 
to take care of the vessels. I am still making every exertion in my 
power to raise money to ship a crew and get out of the river. 

I hope most sincerely that at least a part of the appropriation of 
the Extra Session- of Congress will soon be available ; for many of 
the oiiieers are in a destitute condition for clothing, and they every 
one of them need money. 

I met a gentleman yesterday from Havana, who came from Eng- 
land in the mail steamer Dee. He left at St. Thomas, on the 24th 
November, the steamer ^Montezuma on her way to Vera Cruz. Noth- 
ing from Yucatan since I last wrote. 

I have the honor to be, very respectfully. 
Your obedient servant, 

E. W. Moore, 
Comd'g Texas Navy. 
Number 2. 

Brig Archer, 
Cralveston, December 21. 1842.^^ 
Hon. M. C. Hamilton, Acting Secy War and Marine: 

Sir — I have to acknowledge the receipt of your conununication, 
dated the 4th inst., with two communications enclosed. 

.1 have not been able to stop the leak of the schooner [San 
Bernard], and cannot do anything for her without funds; and I 
have r<'asons to suppose she is sustaining injury which I cannot pre- 
vent. 

I need not inform the Department that we are now subsisting 
mainly on the eharity of our friends. Com. ^loore sent us some beef 

^'The secret journal has no copy of this communication: it has been sup- 
plied from ••Appendix to the Journals oi the Senate ot the Repuhlic oi Texas. 
Seventh, Eighth and Ninth Conirre.^ses." (^fSJ. p. 04. Uepaniuont of State. 

''Ibid., p. 94-5. 



264 Secret Journals of the Sexate 

and pork some time atro. or we sh(Mild have starved on board. .This 
is now nearly expended; and as he says he can furnish no more, I 
do not know how we shall live when this is out. 

As senior officer on the Station, I have already made full and 
ample report of our condition and prospects; and, (according to 
Art. 9 and 26 of the Resndations for the Commander-in-Chief.^ 
have advised the course to be pursued: and I hope the Department 
will not think me complainin.g, when 1 remark that I have received 
no instructions about provisoiis, althou.eh on the 2d. December, I 
reported that mine would only last a week or two: and although l)y 
pTOod luck we have been enabled to subsist till this time, I fear the 
same fortune will not attend much longer. 

In a communication I received from you, 23d September, you ex- 
pressed surprise that the fault of the schooner's ground tackling 
had not been sooner reported. I have corresponded with Commo- 
dore ]\roore on the subject, and beg leave to transcribe what he says: 
"I am much surprised that the Department did not know the 
schooner's anchors were too light: for I have, on repeated occas- 
ions, mentioned the fact in my communications, and particularly 
about the time of the loss of the San Jacinto. It was certainly un- 
necessary for you to have said anything on the subject, at the time 
you were appointed to the command of the San Bernard; for it 
was notorious that the ground tackle of all vessels of the naw was 
very deficient.'' 

The San Antonio, I regret to say has not been heard of since she 
left ^Matagorda. She is certainly lost. 

I have the honor to remain. 

Your obedient servant, 

D. H. Crisp, Lieut. Comd'g. 

Mr. Stephens, the Purser, who bears this to you, wdll furnish you 
with more information respecting our present condition. 

D. H. Crisp. 

Department of War and ^larine. 
Washington, 2Sth December, 1842. 
To His Kxf^ellency Sam IToiiston : 

Sir — I he^ leave herewith to transmit copies of communications 
just received — No. 1. from Post Captain E. W. ^foore. Commanding 
Texas Xavy. in reference to the condition of the officers and men on 
the ship Austin and P»rig Wharton — and Xo. 2, from Lieutenant 
D. H. Crisp. Texas Na\y. 



Ree^ublic of Texas 265 

I have th(/ honor to he. very respectfully, your ob't serv't. 

M. C. Hamilton, 
Act's: Sec y AVar and Marine. 

Number 3. 

Department of AYar and Alarine. 
AVashiniiton. 2d January. 1843.^^ 
To Post Captain E. W. Alooie. 

Commanding Texas Xavy, New Orleans : 

Sir — Your communication of the IDth ultimo, enclosing muster 
r<»lls of the ship Austin and brig Wharton, have been received. 

Any expectations that may have been entertained of realizing, or 
in any manner making available, the appropriation of the extra ses- 
sion of Congress, will certainly end in disappoinment. It was from 
the first, and still is, subject to such contingencies as to render it a 
dead letter upon the statute bock. The Government is fully aware 
of the destitution of the officers, and of the inadequacy of the ap- 
propriations to sustain the Navy: and T am directed by His Excel- 
lency the President to say, that he has deplored the misfortune as 
nuich as any citizen in the Kepublic; but that these evils do exist, 
and that for them there is no present remedy. 

You will theivfore report, if practica})le. in conformity with your 
former orders, at Galveston. 

I have the honor to be, very respectfully, your ob't serv't, 

M. C. Hamilton. 
Act'g SecV War and Marine. 

All*. Greer, Chairman of the Committee on Naval Affairs, to 
whom was referred that x>^J^'t of a communication from the Execu- 
tive whirh relate.N to the Naval alt'ains, reported 

A bill to be entitled an act to disp(~)se of the Navy, which was rea<l 
first time. 

On motion of ^Lr. Jaek. the rule was suspended, and the bill read 
second time. 

Mr. Jack moved to strike out "the S^teamship Zavala". Carried. 

^\v. Jiiek also moved to insert '"entire" befine '"liabilities,'' ami 
aftei' *■ purchase*" ins^^'t *'of all the vessels". Carried. 

Mr. Jack moved to strike out that portion of the bill which re- 
lates lo the eoinpensation of the auent or agents. Carried. 

On motion, the- lull was then or^lered ro be en!2rosse<l. 

On motion, the rule wns fui'ther suspended, and the bill read a 
third time and passed. 

On motion, the doors were reo[)ened. 

'■'Appendix to the Jounuils of the Senate of the Repu!)lic of Te.xas. Sev- 
enth. f-Mghth and Xinth Congresses," (MS.), p. 95-t). Department of State. 



266 Secret Journals of the Senate 

Thursday, January 5, 1843. 

The Senate met in secret session. 

A messacre was received from the House of Representatives, in- 
forming the Senate that the ITon^e had under consideration a bill to 
be entitled An Act to provide for the sale of the Na^y, and had 
proposed the follo^ino: amendments to the same, towit: 

In the first section of said bill, after the word '' Wharton '', strilie 
out "and Archer and the Schooner San Bernard^'; and after the 
words "purchase of", strike out "all the", and insert "said"; and 
after the word "vessels", insert "and the brig Archer and the 
Schooner San Bernard, together with the Steamship Zavala, her 
tackle, furniture, and apparel; also the Na^^^ Yard, v/ith all the 
naval stores, be sold for cash." 

"Sec. 3. Be it further enacted, .That the sum of five thousand 
dollars be. and the same is hereby appropriated, to enable the Presi- 
dent to carry out the provisions of this act." 

The above named bill, with the amendments from the House, was 
taken up. 

Mr. Jack offered the folio vving amendments to the amendments of 
the House. 

To the first Section, towit: "In ninth line, after the word 'the' 
insert 'property of the'. After the word 'cash', in the last line, add 
'or credit,' as the President may deem proper; and the proceeds of 
sale from the Archer, San Barnard and Zavala, with the public 
property at the Xa\y Yard, shall be disbursed in the following man- 
ner, towit : Eight thousand dollars for the payment of claims due 
the present or former officers, in proportion to the time they have 
served and the amount which may be due; and the balance to be 
appropriated for the purpose of constructing works of fortification, 
or procuring gun-boats for the defense of Galveston." 

Which said amendments, as amended, were adopted. 

The Senate refused to concur in the third section, as proposed by 
the House. 

Mr. Randall, Chairman of the Committee on Engrossed Bills, re- 
ported that the above bill had been examined, and was found to be 
correctly engrossed. 

On motion, the doors were reopened. 



Friday, January 6, 1843. 
The Senate met in secret session. 

The following communication from Executive, marked secret, was 
taken up and read, towit: 



I 

I ^^ Republic of Texas 267 

I Executive DepartmcDt, 

I Washington, January 6tb, 1S43.-" 

i .To the honorable, the Senate : 

I I herewitli respectfully submit, for the constitutional action of 

I your honorable body, the name of Daniel J. Toler, for Notary Pub- 

I lie for the County of Washington. 

I Sam Houston 

» 

I On motion, the communication was laid on the table one day, for 

I consideration, it being a nomination submitted for the ratification of 

I the Senate. 
I On motion, the doors were reopened. 



Saturday, January 7, 1843. 
I The Senate met in secret session. 

I The nomination of Daniel J. Toler for Xotarv Public of Wash- 

I ington County, was taken up, and on motion of Mr. Jack, was con- 

I firmed by the Senate. 

I Also, the nomination of Charles H, Eaymond. Secretary of Le- 

1 gadon to the United States, was unanimously confirmed. 

I And also, the following nominations were, respectively confirmed, 

[ to^dt ': 

I Lachlan Mcintosh Rate, Consul General of Texas for Great 

I Britain. 

Francis B. Ogden, Consul of Texas for Liverpool, Great Britain. 

Alfred Fox, Consul of Texas for Fabnouth, Great Britain. 

John Graham Stewart, Consul of Texas for Glasgow, Great Britain. 

John Iioxburgh, Consul of Texas for Greenock, Great Britain. 

Thomas Were Fox, Consul of .Texas for PKmiouth. Great Britain. 

John Atkinson, Consul of Texas for Kingston-upon-Hull, Great 
Britain. 

Basil G. I jams. Notary Public for Colorado County. 

On motion, the doors were reopened. 



Friday, January 13, 1843. 

The Senate met in secret session. 

The journal of the secret sessions of the preceeding days, was read 
and adopted. 

A communication from the President, marked secret, was taken 
up and read, as follows: 

•"See note 3 above. 



268 Sfx'ket Jolrxals of the Sexatf: 

Executive Departiiieiit. 
Washin.iitun, January lltb. 1843.-^ 
To the lion()ra]>]e. the Senate: 

I herewnth present, for the advice and consent of your honorable 
body, tlie name of Thomas Harvey, for the office of Notary Public 
for ^fataeorda County. Sam Houston 

On motion, the rule was suspended, and the nomination of Thomas 
Harvey unanimously confirmed. 

A bill to be entitled An Act to sell the Xaw, with the amendments 
of the House to the amendments of the Senate, was reported back 
by the House through their Chief Clerk. Mr. J. H. RajTiiond, who 
informed the Senate that the House had appointed a committee of 
conference upon the same to act with a like committee on the part 
of the Senate: and also, that the House had passed a bill to re- 
munerate General AVaddy Thompson, etc. 

On. motion of 'Mv. Greer, the committee of conference' asked for 
by the House A.vas appointed, consistinir of the members of the com- 
mittee on Xaval Atfairs [^Messrs. Greer, Barnett and Byrne]. 

A bill to provide for the repayment of moneys advanced by Gen- 
eral AVaddy Thompson to the Santa Fe prisoners, was read first 
time. 

On motion, the rule suspended, and bill read second time and 
passed to a third reading. 

On motion, the rule was further suspended, and the bill read 
thii'd time and passed. 

An Act" 
^lakina provisions for the repayment of monies [idvanced by the Hon. 
AA'addy Thompson, to the Santa Fe Prisoners. 

Secti(Mi 1. B( it enacted by the Senate and House of Representa- 
tives of thi^ Republic of Texas in Cona'ress as-embled. That the sum 
of six tiionsand five hundred dollars, be, and it is hereby ai)propriated 
for the ]»aymcnt of the claims of General AVaddy Tlu^mpson for ad- 
vances made to the Santa Fe prisoners for their subsistence and trans- 
poi'tation to their homes, after their I'elease. and that the same be 
ap])ropi-iaied out of the lii'st proceeds of the sale of the Xavy. 

N. H. Darnell 
S]>eaker of the House of Repi'esentatives 
Edward Burleson 
President of the Senate 

-'See note 3 above. 

*-The bill was tiled in rhe Flxecutive Office. January 1.",. 1S4:', and failed 
to become a law lieean.^e the prosidont did nor sij^'n ii. The enrolled bill is 
filed anionec tlie Papers of the Seventh Congre.^s. 



f 

I 

' Republic of Texas 269 

; On motion of ^fr. Greer, the Secretary was instructed to call upon 

the Executive, and request the return to the Senate of the treaty 
concluded on the 30th July hist, between the Kepuhlic of .Texas 
and the Tnited States. 

]\rr. Jack moved that the Secretary he instructed to cause the 
secret journal to be copied in a book, (to be proiuired for that pur- 
pose;) and that the same compensation be allowed for this as is 
allowed by a resolution of the Senate for cox)ying the journal for the 
printer. Carried. 

On motion, the doors were reopened. 

Friday Evening, January 13, 1843. 
The Senate met in secret session. 

]\rr. Greer, chairman of the joint committee of conference on the 
part of the Senate, upon a bill to sell the Navy, reported as follows: 

I Committee Room, January 13, 1S13. 

i To the President of the Senate : 

I The conunittee of conference to which was referred the subject 

I matter of difference between the two ITouses, on a bill to be entitled 

I an act to provide for the sale of the navy, have had the same under 

i consideration, and have aureed to recommend that the amendments 

f of the Senate to said bill be amended, by striking- out "eight", in 

I seventh line of the second amendment, and insert ''fifteen." and in- 

sert after word " officers ". in ninth line, "seamen and marines of the 
I Navy"; and strike out all of said amendment after the w^ord ''be," 

I in twelfth line, and insert "paid into the Treasury of the Repub- 

I lie", and with these amendments, that the House concur in the 

I amendmeiitvS of the Senate, and the Senate concur therein. 

I - J. A. Greer, 

I Chairman on part of the Senate. 

I H. N. Potter, 

I Chairman on part of the House of Rei)resentatives. 

AVhich report was adopted. -- 
The following conununication from the President, marked stcret, 
was taken u]> and read: 

Secret. 

Executive Department, 
Washington, January 10th, 1843. -• 
To the honorable, the Senate, iind House of Representatives. 

xVs the present session of the honorable Congress is drawing near 

--The act to provide for the sale of the navy is printed in the Appendix 
as No. 6. 

■-■^See note ?> above. 



270 Secret Journals of the Senate 

its close, and as a recent call has been made upon the Executive for 
any information he may liave in his possession, as to the probability 
of Mexican invasion, etc., he avails himself of the present occasion 
to communicate the substance of certain intelligence, on that sub- 
ject, which he has very lately received, with such suggestions as he 
deems it his duty to make. 

This intelligence is from the city of Mexico, and dated the 8th 
of November. It indicates to the Executive in the most authentic and 
impressive terms, that Mexico, in the event of being successful 
against Yucatan, will immediately invade Texas with a formidable 
force both by land and sea. And the Gentleman who communicates 
the intelligence does it with a view that Texas may so provide, as to 
ensure the repulse of the troops of the enemy sent against her. He 
is not now in Mexico, but has transmitted the information with the 
greatest despatch, that it may be laid before Congress previous to 
its adjournment. It is additional to any that was in the possession 
of the Executive, at the time his last communication on this subject 
was made. 

It seems to be a fact established by reason, that if Mexico medi- 
tates the invasion of Texas, it will be attempted during the ensuing 
spring. She cannot expect that the civilized powers will tolerate in 
her a protracted war with Texas, unless she make some demonstra- 
tion to them that would create a reasonable belief that she is capa- 
ble of subjugating and reannexing it to the Mexican territory. 
Hence it may be supposed, that all her available energies will be 
called into action and employed with the greatest efficiency. 

.The question then arises, is Texas in a situation to repel a 
formidable invasion? If she is, we have nothing to fear from it; 
it not, she ought to be so. Every means in our power should be 
called into action, and be in readiness for any event we should antici- 
pate. 

We should calculate the probable effect and influence, which the 
employment of our troops on the Eio Grande might produce upon 
Mexico, as well as the events which might result to Texas from the 
same cause. If disaster should befal our men on the Rio Grande, 
their return to Texas will be well calculated to create sensations not 
only of an unpleasant nature, but cast a gloom upon the spirits 
of our people that would be unfavorable to prompt action on our 
part. A state of great excitement is always unfavorable to military 
operations: and with the advance of the enemy in great strength, 
confusion might soon mature into panic, and cause the removal of 
families. AYith them, also, a large portion of those who should 
rally to the field, would recede from the scene of action, leaving but 



Republic of Te.\as 271 

comparatively a small force to contend with tlie invaders. If an 
insufficient force should rally, and be compelled to give back before 
the enemy, it wonld only increase the panie. if any existed; and, 
if at the commencement, there should be no actual panic, it would 
have a tendency to create one, or, at least, to depress the ardor of 
our troops. 

In regarding our enemy, we ought not to rely so much upon their 
inefficiency, as upon our own preparation and readiness to meet 
them. B}^ underestimating them, we neglect to husband our own 
strength, and to use that forecast and precaution, which might 
alone ensure success to our arms. 

We have yet time to organize our forces, by sending expresses to 
the several colonels commanding regiments throughout the Repub- 
lic, with contingent orders, so as to meet, or rendezvous, at certain 
points, to enable us to counteract the probable movements of the 
enemy. This may be done at an expense not exceeding two thousand 
dollars; and an appropriation of that amoimt for the purpose, is re- 
spect full y r ec omm en ded . 

If Texas is invaded, the object will certainly be to overrun the 
country by a formidable force, entering it probably in tAvo divisions ; 
the most numerous by San Antonio, detaching to upper Colorado a 
sufficient force, composed principally of cavalry, to sustain itself; 
and after ravaging the upper part of that river, fall down to La 
Grange, and there unite with the main body, advanced from Bexar. 
The lower division will probabh enter the country by Victoria, and 
advance along the seaboard in cooperation with the fleet destined 
for Galveston, inciting, if possible, an insurrection amoung the 
negroes of the lower Colorado and the Brazos : supplying them with 
arms and munitions of war, and forming, finally, a junction with 
their fleet at Galveston. ,The division at La Grange may be ex- 
pected, in the greatest force, to advance to Washington, whilst the 
remainder of the division would diverge by San Felipe, and those 
at this point cross the Brazos, descend to the bay, and there con- 
centrate with the entire force of the invading army. They would 
thus have the entire conmiand of our waters, and the gulf, and could 
sustain themselves, receiving supplies by water, and by the aid of 
cavalry, harrass the country eastward as far as the Trinity, and 
forage upon the stock and nimierous herds of cattle which abound 
in Texas. 

All this may not occur: and it is even possible that an invasion 
may not take place: but if the enemy possess means and invade 
Texas, this is the plan of operations which a General would project: 
and experience has taught us that we are liable to suffer its execu- 



272 Secret Jotrxals of the Senate 

lion befon' e[lfi<Meiit resistance could i)e niacl(\ To prevent the suc- 
cess of su'-h a plan, in case of invasion, will require all the military 
talent of the coiint7\v. with arms and ammunition sufficient for every 
fightinfr man. and some dep:ree of discipline, with perfect subordi- 
nation. Arran(_reraents for this purpose should be timely, and noth- 
incT hazarded upon the first encounter with the enemy. If we per- 
mit ourselves to be involved in an cnii'auement with them, and do not 
make our succe.s.s decisive, we may rely upon this truth: That, 
tliouc/h ire. have twenty thousand ivarrirjrs in Texas, three thousand 
will not he raUifd at ainj one pond for the contliejt, unless they h.ave 
confelenee in their leaders. 

Experience has also taught us. that detached commands involve 
the country in the lieaviest calamities, and insure inevitable destruc- 
tion to both officers and men. The fall of the Alamo, the destruction 
of Johnson, and Grant, and ]\rorris, the defeat and execution of 
Captain King's party, with the command of Colonel ^"ard, and the 
massacre of the unfortunate Fannin and his gallant band, are main- 
ly attributable to a spirit which existed at that day, fostered by the 
General Council, of insubordination to the lawful authority. Orders 
had been given for the destruction of the Alamo, more than a month 
previous to its fail. The commands on the lower San Antonio, also, 
were directed to fall back upon the Guadalupe, both before and after 
the advance of the invading army. These orders were not obeyed, 
disaster ensued, and panic was the consecpience. But three hundred 
and seventy-four men could be rallied at Gonzales: although Texas 
ou£rht to have mustered eight thousand capable of bearing arms. 
And though the enemy were pressing on the settlements, and ever>' 
exertion used by the Commander-in-Chief, he could only rally about 
seven hundred men at the Colorado: and but little more than that 
number fought with him at San Jacinto. Had no disaster befallen 
our troops at the commencement of the invasion, onr men would 
have rallied: and Texas, in all huni.-in probal)ility. W(nild not have 
lost twenty men in repulsing the enemy and drivine them beyond 
the Eio Grande. 

The I0S.S arisiuir to Texas from this eaust?. was immense. Her gal- 
lant soldiery, already disciplined, and her anus and ammimition of 
the first (juality. could they have been concentrated, would have 
composed a force, amounting to little short of one thousand men, and 
have formed a nucleus on which the militia of the country could have 
rallied, and prevented the advance of the enemy to the East of the 
Guadalupe. 

At this time, we have no or^rauized force. T\"e have no anununi- 
lion. and our arms are in bad (U'der and so far distant from where 



Repl'hlic of Texas 273 

tlu-re mny be a prohal^le demand for distribution, that, .should 
troops arrive from the East, marehinir by thi.s place or Houston to 
sustain the West, and be deficient in arms, the evil could not be 
remedied. The artillery is scattered from Bexar to Galveston, the 
harness has been destroyed, the carriages are out of repair, and not a 
public wanuon or team at the disposition of the Government. There 
Is not now a single pound of lead, nor a single kee of rifle powder in 
possession of the Government for the public defence. An appropria- 
tion of at l.^ast three thousand dolhu-s is imperatively rc«iuired for the 
f purchase of a reasonable supply. 

These facts are not stated with a view to alarm the honorable 
Congress; nor are they presented in the lanuuaLie of complaint. 
They, however, do exist: and by no fault of the present administra- 
tion. If it had possessed the means, some, if not a'J. tht^ evils ex- 
isting would have been obviated. It is a picture of our situation un- 
pleasant to present: but the facts generally have been at various 
times laid before the Congress for its consideration. The Executive 
has asked for means to enable him to collect and secure such public 
property as would be eminently useful in the event of invasion. 
He presented the subject at the commencement of the session, in his 
geneial messau-e. If it has not elicited their consideration and action, 
he nevertheless feels that he has performed his duty. 

It is estinuited that there are two thousand stand of arms scat- 
tered throughout the Republic, Avhieh, with the necessary power and 
means, might havt.' been colh^cted for the future serviet^ of the l-ouu- 
try. The ntimber of efficient arms now on hand does not exceed two 
hundred. 

Should Texas have to embody a force for resistance, it should be 
composed ])rim'ii)ally of infantry and riflemen. Couiparatively few 
moimted gunmen, or cavalry, with some companies of scouts and 
spies, will ])e necessary. Our men are without discipline, and when 
they are once called into camp, to remedy that evil should be the 
unceasing duty of the officer in command. If individuals are per- 
mitted to repair to the camp mounted, their attention will neces- 
sarily be called to the care of their horses. A neglect of duty, great 
confusion and increase of labor will be the cons«.'fjueTi"e : whilst their 
minds will b^' directed, as well as their time, from the subjects of 
organization and discipline. The establishment of subordination 
will Ik' found mudi more difrlcult than it would othrrwisp b(\ where 
a similarity and uniformity of eircumstances prevails with the men. 

It is lu'esumed to V>e the duty of every able bodied man in the 
Republie. of proper age, to rally in defenee of his rights. Though 
this is thi' case, we often find that persons arc d«^liii<iuent, and that 



274 Secret Jourxals of the Senate 

in times of grt^at emergency, those who have the most important in- 
terest in the country lind means to evade its just requirements. It 
is, therefore, rospectfully suir-j-ested that such measures be adopted, 
as, in the event of invasion, will conmiand the ser\dces of the militia 
en yna.'ise. As it now is, substitutes are often admitted, fitted out at 
the expense of the individual whose presonal service is required; and 
the priucipal stands acquitted of tliis duty, whilst in many cases, the 
substitute has no interest in the country, and often, after having re- 
ceived the fee of his employer, engages his time and means in re- 
moving himself beyond the Sabine. If those who have an interest in 
the country are required to renrjer personal service, the safety of 
their homes, their families and the sacred rights of the country, would 
constitute them a corps that would prove itself invincible to the enemy 
and victorious in battle. ^len merely mercenary would be far more 
likely to abandon a cause which seemed difficult, or for the present 
desperate. 

In arranging for the defence of the nation, our exertions ought 
to be proportionate to the magnitude of the achievement and the dif- 
ficulty of the task. Every means which can be brought to bear, so a3 
to give the greatest efficiency to our action, should be subsidized and 
employed. We should consider by what means we can best effect 
the great object of resisting the enemy; and. forgetting the petty 
feuds which arise from local or factious feeling, unite in the holy 
bands of brotherhood, and present such a phalanx to the enemy, as 
would give them a signal repulse and at once redeem our soil from all 
future attempts of invasion. If, however, we permit those schisms 
and feelings to exist, which have heretofore reduced Texas to the very 
verge of destruction, we can hope for nothing but panic and disaster. 

Since early in the year of 1837, Texas has been recognized as an 
independent state: and has had little else to do, except in occasional 
excitements, than to organize and establish the civil institutions of 
the country. The derangement of our finances has done much to re- 
duce us to our present depressed condition ; and though it was fore- 
seen and foi-etold, the evil was not prevented. It behooves us. ther^ 
fore, at this time, if ]H)ssible, to remove the evils and obviate the mis- 
fortunes with which we are surrounded. This can only be done by 
concert and union. Dissonsion may exist in a country in time of 
pi'ofound peace, without- great detriment to the nation: but when a 
comnumity is environed by difficulties and external dangers, nothing 
but concord and united exertion can avert ds^struction. That our 
enemy is encouraged with the belief and by the hope, that the efforts 
of Oovei'nmt'Tit will bo |)ai'alyzed by intluences which will thwart its 
plans and rembn' its elYorts nugat<uy, there can be but liitle doubt. 



I Republic of Texas • 275 

I The newspapers of our roimtry, which reach ^lexico with astonishincr 

I <?elerity' will convey to them the idea that we are in a distracted and 

I comparatively helpless condition. Tliis will be calculated to inspire 

I them with confidence, and in proportion as they believe that their 

f success will be easy, so will be their williniiTiess and anxiety to achieve 

I ?reat and bloodless triuiu]^h. If flushed with hope, they will come 

I with an ardor and (^tficiency. which they would not do, if they believed 

I that they were to invade a countiw whose resources have increased 

I since the disasters which befel its enemy in 1S36. 

I If Texas is now united, and those in command of her troops will 

exercise forecast and discretion, these circumstances might be turned 
to good account. Otherwise we have much less to hope for. 

The executive, in making- this communication, feels it a duty he owes 
to himself and the country, that he should present to the considera- 
tion of the Congress, a subject which immediateh^ affects his relations 
with the Iiepublic'. The constitution declares that the l*resident shall 
be the Commander-in-Chief of the Army and Xavy. At the same 
time, it restricts him from personal command, unless he should as- 
sume the same by authority of Congress. Although he sincerely dep- 
recates the necessity which might render it proper for him to be in- 
vested with personal command, yet he can anticipate an emergency 
which might render it very proper and necessary to the interests of 
I the country for him to do so. He would therefore, respectfully sug- 

f gest to the honorable Congress, if a formidable force should invade 

I the country, and it should be necessary to rally our greatest strength, 

I for the purpose of arresting their advance, that he be authorized to 

I assume the command in person. 

I This suggestion arises from various considerations, not connected 

* with any ambition or desire he might feel on the subject, but such as 

I arise from the fact that, if the enemy do advance and find that those 

I who, during their hist invasion, participated in the strife, are with- 

f drawn from the coniiict and are suspended in the exercise of their 

I full constitutional rights, it will inspire them with additional con- 

i fidence. Also, if it should be necessary for the Government to recede 

at any time to a place of greater safety, and retire before the advanc- 
m^j enemy, numbers would deem the peril greater than it might other- 
I wise be reiiarded, become disheartend, and thus impair the defences 

I of the country. 

I The veterans of ';>ri, who wouM re{)air to the army, finding the 

Chief Magistrate, their former eom})anion in arms, withdrawn from 

new perils, miulit nut afjpreciate ritrhtly the circumstances under 

wliieli he was absent, and miuht suppose tliat it arose from the mairni- 

« tude of the danu^rs to be encountered, or that lie distrusted the success 



276 Secret Joi'hnaes of the Senate 

of the ('uiil-iift. Many. hIso. miLilit rally to the aid of the country, if he 
were present, wlio would not under other eircunistanees. and therdiy 
increase the means of national defence. 

If. from th«^se considerations, the honorable ConuTcss should think 
propiT to authorize him to assume actual command, upon the advance 
of the enemy as far as the Guadalu})e, he will be stratified to have it 
in his power to render to his country's cansc^ every aid which his cir- 
cumstances might enable him to perform. But should the decision be 
otherwise, he will cherish no displeasure, nor withhold any means in 
his power, but, on the C(mtrary, contribute not only his .li'ood wi-^hes, 
but his best exertions to sustain those who may be in conunand. and 
rejoice at the trium})h of our arms. 

It is respectfully requested, that the honorable the Senate, cause 
this communication, to be transmitted in due season to the House of 
Representatives, under injunctions of secrecy. 

Sam Houston 

On motion of ]\Ir. Webb, the message was transmitted to the House, 
in accordance with the request of the Executive. 

On motion the following message from the President was opened 
and read. 

Executive Department. 
' Washington, jan[uar]y 13th, 1843.^-^ 
To the honorable, the Senate. 

In compliance with a resolution of your honorable body, of this 
date, I herewith respectfully submit the treaty of Amity, Commerce 
and Navigation concluded at Washington on the 30th of July last, be- 
tween the United States and Texas, for their further consideration 
and action. 

Sam Plouston 
On motion, the doors were reopened. 



^londay, January 16, 18-1:3. 
The Senate m<4 in secret session. 

The following conmiunication from the Executive, marked secrrt, 
was taken up and read: 

Executive Department. 
Washington, January 16, 1813.-'' 
To the honorable, the Senate: 

I herewith respectfully submit, for the constitutional advice and ac- 
tion of your honorable body, the nomination of George "W. Hill, for 
Secretary of War and Marine. Sam Houston 

'*See note 3 above. 
-'Ibid. 



I Rei'ublic of Texas 277 

I ■ ' 

^ On motion of ^Ir. Jack, the rule was suspended in relation to said 

nomination. 

Mr. Jack moved that the Senate do advise and consent to the said 
nomination. 

]\Ir. Jones moved to lay the nomination t)n the table. Lost. 

Mr. Jack then moved to lav tlie nomination on the table until four 
o'clock this evening-. Carried. 

On motion of ^Iv. Greer, the treaty between the Republic! of Texas 
and the United States, concluded at Washington City on the 30th of 
July last, and resubmitted to the Senate at their request, was taken 
up. Carried. 

Mr. Greer then oifered the following: resolutions: 

Resolved. Tliat the Senate of the Republic of Texas do advise and 
consent to the ratification of the treaty of Amity, Commerce and Nav- 
. igation, entered into between Texas and the United States, and con- 
cluded at Washington on the 30th day of July, 1842. 

Resolved further, That the Senate do advise and consent to the 
ratification of said treaty with a modification of the fifth article of 
the same, if the President should deem such modification expedient, 
so as to make said article read as follows: 

Article V. 

The two contracting: parties agree that raw cotton, the produce of 
either country, may be imported into the other free of duty, for five 
years from the exchang-e of the ratifications of this treaty: and that 
for and in consideration of the advantages which Texas will derive 
from the foregoing' stipulation, and of the reciprocal advantages to be 
derived from the foUovv-ing-, it is further agreed that, on all articles, 
the growth. ]u-()duce or manufacture of either country sent from one 
country to another by land, river or sea, and exported to a foreign 
country, no duties or charges shall be required to be paid to the power 
within and from out of whose limits such articles arrive and depart. 
and that they may be repacked for exportation, under the inspection 
of the proper authority, and at the expense of the party interested. 

Which said proposed modification was read a first time. 

]\rr. Greer moved a suspension of the rule. Carried. 

The said proposed resolutions respecting- the modification, were then 
read a second time. 

On motion, the rule was further suspendcnl, and the said resolutions 
read a third tiine. and passed. 

The Connnittce on Enrolled Rills. Mr. Randall Chairman, reported 
f that a .joint resolution for the sale of the na\y had been examined and 

I was found to be correctly enrolled. 

f 21— Lib. 



Skcket JOCR.N-ALS OF THE tjE.v.vxE 

On motion, the doors were reopened. 

5.^ Senate .net in secret .se.s.of "''"^ ''^"°''^- "^^'^^ ^'' 1^43. 

-4-crte:: :J:d-::%;?- -- - - - .re. 

^>n motion of A[r Sh-iu- ^^ ■ ' 

The journal ^-as then read and adopTed ' 
On mofon, the doors were reopened 



EIGHTH CONGRESS 



Roll of Senators 
John A. Greer, for the District of San Augustine. 

William L. Hunter, for the District of San Patrieio, Goliad and 
Refugio. 

William H. Jack, for the District of Brazoria. 

Da\id S. Kaufman, for the District of Shelby. Sabine and Harrison. 

William Lawrence, for the District of Harris, Liberty and Galveston. 

Gustavus A. Parker, for the District of xVustin, Colorado and Fort 
Bend. 

Isaac Parker, for the District of Houston. Nacogdoches and Rusk. 

George A. Pattillo, for the District of Jasper and Jefferson. 

John Rugely, for the District of Matagorda, Jackson and Victoria. 

James Shaw, for the District of Robertson and Milam. 

John W. Smith, for the District of Bexar. 

James Webb, for the District of Bastrop, Fayette, Gonzales and 

Travis. 
Robert M. Williamson,^ i for the District of Washington, 
Jesse Grimes,^ l Montgomery and Brazos. 

Officers of the Senate 

Edward Burleson, Vice President and Presdent of the Senate. 
John A. Greer, President pro tempore. 
Thomas Green, Secretary. 

^R. M. Williamson's seat in the Senate was declared vacant January 4, 
and Jesse Grimes succeeded him January 22. 1S44. 



EIGHTH CONGRESS 

Be it remembered that the Senate of the Eighth Congress of the 
Republic of Texas met in secret session, with closed doors, at the town 
of Washington, on the Brazos, on Wednesday the twentieth day of 
December, in the year of our Lord one thousc'.nd eight hundred and 
forty-three and of the independence of the Republics the eighth/ 

Mr. Jack moved that the resolution of the House of Representa- 
tives, marked ''secret/' be taken up and read. 

JMotion carried, and the resolution read as follows, to wit: 

Be it resolved by the House of Representatives. That with the con- 
currence of the Senate, that the injunctions of secrecy be re- 
moved from all the proceedings had in secret session, in the House of 
Representatives and Senate of the seventh Congress: and that 
upon the adoption of this resolution by the two Houses, the proceed- 
ings had upon this, together with the resolution itself, shall be spread 
upon the public .journals. 

On motion of ^Iv. Jack, the said resolution was ordered to lie on 
the table. 

Mr. Jack ottered the following resolution, to wit: 

Resolved. That the President be recpiested to give his assent to 
remove the seal of secrecy in relation to the proceedings of the last 
session of Conaress. touching the disposition of the Nnvy. 

Resolution was read and adopted. 

A communication from His Excellency the President was read in 
these words, to wit : 

Executive Department, 
Washington, Dec[erabe]r 20, 1843.- 
To the Honorable, the Senate: 

I transmit herewith, for the advice and consent of your Honorable 
Body, the following nominations, viz: 

James B. ^Miller, Secretary of the Treasury. 

Tliomas William Ward. Connnissioner of the Ci^neral Land Office. 

William Henry Daingerfield. Charire d 'Affaires to the Netherlands. 

Pierre Brunet, Consul General of Texas for France. 

Henry F. Fisher. Consul for tlie City of Bremen. 

^There are two sources tor the secret journals of the Eighth Congress: 

1. The Secretary of the Senate's roiish drafts of each daily session are 
preserved anions: the papers of the Ei.!::hth Con.uroj^s. 

2, The copy recorded by W. D. sillier; see paragraph r; of note 2 to the 
secret journals of the Seventh Congress. The secret journals cover pages 
317 to 33o of the volume containing the .Journals of the Eighth Congress. 
- he latter has been followed in the copy here printed. 

-The n^^^ssatje here printed has been conii)ared with and made to conform 
to the original. 



282 Secret Journals of the Senate 

Maxiinilien Vanden Bergh, Consul for Antwerp, Netherlands. 

Joshua J. Crooswyck, Consul for Rotterdam. 

Thomas Snowe, Consul for Dublin, Ireland. 

Maly E. Damon, Consul for Cette, France. 

Thomas J. Fettyplaee, Consul for Mobile, U[nited] States 

William Henry Brockett, Vice Consul for New Castle-upon-Tyne. 

James H. Cocke, Collector of Customs for the District of Galveston. 

^YilIiam M. Hurt, Collector of Customs for the District of San 
Augustine. 

Henry Redmond, Collector of Customs for the District of Aransas. 

William C. V. Dashiell, Collector of Customs for the District of Sa- 
bine. 

Peter ]\racGreal, District Attorney for first Judicial District. 

David C. Van Derlip, District Attorney for the second Judicial 
District. 

Niles F. Smith, Notary Public for Jefferson County. 

William H. Patterson, Notary Public for Galveston County. 

Daniel D. Culp, Notary Public for Harris County. 

Moses Park, Notary Public for Washington County. 

Simon L. Jones, Notary Public for San Patricio County. 

Mills M. Battle, Notary Public for Fort Bend County. 

Sam Houston 

On motion, the foregoing message was ordered to lie on the table 
one day. 

On motion the doors were reopened. 



Friday. December 22, 1843. 
The Senate met in secret session. 

A communication from His Excellency the President, relative to 
the removal of the injunctions of secrecy of the last session of Con- 
gress touching the disposition of the Navy, was read as follows : 

Executive Department, 
Washington, December 21, 1843. 
To the Honorable the Senate. 

I have the honor to inform your Honorable Body, that the action 
of the two Houses of Congress, removing the seal of secresy from the 
proceedings of their Inst sesison, in relation to the disposition of the 
Navy, will meet with my entire assent and concurrence. 

Sam Houston. 
On motion of Mr. Jack, the resolution of the House of Representa- 
tives relating to the same subject, was taken up and read. 
Mr. Jack offered the following resolution, to wit: 
Resolved by the Senate, That the Secretai^^ inform the Honorable 



Eepublic of Texas . *-B3 

House of Eepresentatives that the Senate freely assent to iheir prop- 
osition to remove the seal of seeresy fi-oiu the joint action of the two 
Houses of Congress, during the last winter, touching the disposition 
I of the Navy. 

I Adopted. 

I On motion of :\Ir. Jack, the Secretary was instructed to inform the 

j House of the action of the Senate. 

I On motion of Mr. Parker of Fort Bend, the nominations made by 

I His Excellency the President, were taken up. 

On motion of 2>Ir. Greer, the nomination of James B. ]\Iiller as Sec- 
retary of the Treasury, was confimed. 

On motion of ]\[r. \Yilliamsou, the nomination of Thomas William 

"Ward, as Commissioner of the Gen'eral Land Office, was confirmed. 

The a3'es and noes bein^jr called oii the confirmation thereof, stood 

thus: 

Ayes — ]\ressrs. Greer. Jack. Plunter, Kaufman, Lawrence, Parker 
of Fort Bend, Parker of Nacogdoches, Pattillo, Smith. AY ebb and Wil- 
liamson. 11. 

Noes — ^iessrs. Rugely and Shaw. 2. 

On motion of ]\Ir. Jack, the nomination of AVilliam Henry Dainger- 
£eld, as Charge d 'Affaires to the Netherlands, was laid on the table. 

On motion of Mr. Jack, the nomination of Pierre Bi unet, as Con- 
sul General for France, was laid on the table 

On motion of ]\L\ Kaufman, the nomination of Henry F. Fisher, as 
Consul for the City of Bremen, was laid on the table. 

On motion of Air. Gireei*. the nomination of Alaximilian Van Den 
Bergh, as Council for Antwerp, Netherlands, was confirmed. 

On motion of AL'. i'arkor of Fort Bend, the nomination of Joshua 
J. Crooswyek, as Consul for Eotterdam. was confirmed. 

On motion of Air. Parker of Fort Bend, the nomination of Thomas 
Snowe, as Consul for the City of Dublin, Ireland, was confirmed. 

On motion of Air. Greer, the nomination of Alaly E. Dumon, as 
Consul for Cette, France, was confirmed. 

On motion of Air. AA^illiamson, the nomination of Thomas J. Fetty- 
place, as Consul for AFobile, United States, was confirmed. 

On motion of Air. Greer, thr^ nomination of AA^illiam Henry Brockett. 
as Vice Consul for New Castle-upon-Tyne, was confirmed. 

On motion of Jack, the nomination of James H. Cocke, as Col- 
lector of Customs for the District of Gnlve«ton. was laid on the table. 
j On motion of Air. Greer, the nomination of AVilliam Al. LLurt, as 

I Collector of Customs for the District of San Augustine, was laid on 

I the table. 

I On motion of Air. Hunter, the nomination of Henry Redmond, as 



28-i Secret .Toi:knals of the Senate 

Collector of Customs for the Disti'iet of Aransas, was laid on the 
table. 

On motion of Mr. Pattillo, the nomination of William C. V. Dashiell, 
as Collector of Customs for the District of Sabine, was laid on the 
table. 

On motion of ^Ir. Pjirker of Fort Bend, the nomination of Peter 
MacGreal. as District Attorney for the First Judicial District, was 
confirmed. 

On motion of Mr. Jack, the nomination of David C. Van Derlip, as 
District Attorney for the sec(md Judicial District, was laid on the 
table. 

On motion of Mr. Pattillo. the nomination of Niles F. Smith, as 
Notary Public for Jefferson County, was laid on the table. 

On motion of ]\lr. Lawrenee. the nomination of AA'illiam H. Patter- 
son, as Notary Public for Galveston County, was laid on the table. 

On motion of ]\lr. Lawrence, the nomination of Daniel D. Culp, as 
Notary Public for Harris County, was confirmed. 

On motion of ^Ir. Williamson, the nomination of ^Moses Park, as 
Notary Public for Washington County, was confirmed. 

On motion of IMr. Jack, the nomination of Simon L. Jones, as 
Notaiy Public for San Patricio County, was ordered to lie on the 
table. 

On motion of jMr. Parker of Fort Bend, the nomination of iMills ^L 
Battle, as Notary Public for Fort Bend County, was confirmed. 

On motion of ]Mr. Creer. the dooi's were reopened. 



Friday. December 29, 1843. 

The Senate met in secret session. 

Mr. Jack offered the following resolution, to wit: 

Resolved. Tliat a committee of three be appointed to inquire into 
the official conduct of James IT. Cock'e. the nominee for Collector of 
Customs for tlie port of Galveston, with power to examine witnesses 
and report the result to the Senate at the earliest possible period. 

Adopted. 

^Messrs. Jack. Parker of Nacoo-do^-hes and Kaufman were appointed 
said committee. 

On motion of Mr. Jack, the doors Tvere reopened. 



Wednesday, January 3, 1844. 

The Senate met in secret session. 

^Ir. Webb moved that the secret communication froiu the House of 
Representatives, b«* tal^'u up, which motion was carried, and the eora- 
nuuiication I'cad as follows: 



Repl^bijc of Tkxas 285 



House of Jvepresentatives, 
To the Hon. Edward Burleson, January 3, 18i4. 

President of the Senate. 
Sir: I am insti'ueted by the Honorable House of Representatives 
to transmit ''a bill for the relief of the citizens of Texas now pris- 
oners in ^lexieo/' which was passed by it yesterday in scoxt session. 
Very respectfully, your obedient servant. 

James II. Raymond, Chf. Clk. 
The bill for the relief of the citizens now prisoners in ^lexico. was 
taken up and read a first time. 

On motion of ]\Ir. Webb, the rule was suspended, and the bill read 
a second time. 

On motion of ]\Ir. Kaufman, it was then referred to the committee 
on Financ(\ j ]^Iessrs. (-Ireer. Jack and Rugely] with instruction to re- 
port tomorrow mornin«i\ 
I ■Mr. Hunter offered the followino- resolution, to wit : 

I Resolved, that the select committee to which was referred the reso- 

I lution relating to the Collector of Galveston, be required to inquire into 

I the conduct of .Mr. Redmond, collector for the district of Aransas. 

Adopted. 
On motion, the doors were reopened. 



Friday, January 5, 1844. 

The Senate met in secret session. 

TTie secret connnunication of the President, with communication 
I from the Secretary of War and Marine in relation to the condition 

I of the Xavy. were taken up and read as follows: 

f (Secret.) Executive Department, 

I Washington, January 3, 1844." 

To the Honorable, the Senate. 

I herewith tra.nsmit a copy of a communication from the Depart- 
ment of War and Marine, recently transmitted to the House of Rep- 
resentativ<^s, in relation to the ccmdition of the vessels of war now in 

i the ]*07-t of Galveston, etc., etc. 

! Sam Houston 

I ■ Department of AVar and ^Marine. 

I Washington. January 1st, 1844. 

I To his Excellency, Sam Houston. 

I Sir: Having: transmitted to your Excellency estimates for funds 

I necessary to refit for sea the vessels of war now in Galveston harbor 

I required to be .sold, and maintain them in active service for one year 
I 'See note 2 above. 



286 Secret Jolkxals of the Senate 

and to keep the same in ordinary for a like p-.-riod, I feel constrained 
by a sense of duty to the country and a desire to promote the interest 
of the service, to communicate the followin<^ facts, a Icnowledge of 
which will be essential, should it be the object to found an action 
upon these estimates for the future operations of the Navy. 

Our naval vessels were built for the government in the year 1839, 
and thou-h of good appearance at the time received, their timbers have 
decayed and are still decaying much more rapidly than vessels built 
of the best materials and in the best condition. ]\[uch expense has 
been incurred from time to time in making the essential repairs, 
which have in many instances served to point out other deficiencies. 
Some of them have been fotind when placed in dock for repair, en- 
tirely eaten through by worms where the copper Avas off, by which 
they are rendered unsafe as slight injuries may prodttce free and 
dangerous leaks. The copper of all the vessels is much worn and they 
will soon reqtiire to be stripped and newly covered. Considerable 
portions of the ship Austin and brig AVharton are bare; worms will 
readily penetrate their plank on the approach of warm weather, and 
if not recoppered, they must sink. To eif ect this and to make the num- 
erous other repairs required, as well from decay, as from the injuries 
caused by the reception of numerous heavy balls while on the coast of 
Yucatan in ^lay last, (which have been but partially repaired) will 
require them to be placed in a dry doclc. which in the present condi- 
tion of the naw, will be attended with many inconvenieiK-cs and much 
expense and when effected, the period of their utility will be of un- 
certain duration, for it is un<'ert(Qn at what time the dock may be re- 
quired for vessels, the timbers of which are in a state of rapid decay, 
however well repaired. Laying them up in ordinary will not preserve 
them. Vessels for this character of service should be sound and well 
appointed, and from the best information in possession of the Depart- 
ment, as well as from personal observation, as from the reports of 
naval officers. I am constrain^^d to state, ttiat with all the repairs 
practicable, the period that we can expect the naval vessels at pres- 
ent in the port of Galveston to be kept sea-worthy as such, can not ex- 
ceed eighteen months, and may be much shorter, as they can barely be 
considered so at the present, after receiving the essential repairs. 

The estimates transmitted were all made in par funds, and to refit 
the vessels for sea or to lay them up in ordinary, it will be necessary 
that the entire amount for repairs and the principal portion of the 
remainder of the estimates .should be at the disposal of the Depart- 
ment at once, as in all transactions connected with the service, either 
at Galveston or at New Orleans, La., cash is required. 

A desire for the estimates alluded to, seems to indicate a meditated 



f'§ 



Republic of Texas 287 

change of policy with reference to the Navy and believing the subject 
worthy of full investigation, I transmit the above statement and beg 
leave most earnestly to solicit the attention of your Excellency to a 
consideration of how far the interests of the nation might be ad- 
vanced by applying such means as may be at the disposition of the 
government and required to be expended upon the vessels at present 
belonging to it, to the purchase of new vessels should their active 
emplo\Tnent be required. A navy well fitted and appointed is useful. 
That which is not possessed of these requirements must be luorse than 
useless, particularly to a nation not abundant of means. 

I beg leave here to state, that I am in daily expectation of the 
receipt of intelligence, that the vessels are ahandoned for w^ant of 
means to maintain a crew on board. 

I have the honor, etc., 

G. W. Hill, 
Secretary of War and Marine. 

On motion, the message and accomx^anying papers were referred 
to the Committee on Naval Affairs [Messrs. Rugely, Lawrence and 
Hunter] . 

Mr. Greer, Chairman of the Committee on Finance, reported a 
bill to be entitled an act for the relief of the citizens of Texas now 
prisoners in iMexico, for the action of the Senate. 

i\rr. Greer moved to strike out the fourth section. Lost 

Mr. Jack offered the following amendment to the foiu^th section: 

"And the Secretary of the Treasury shall instruct the Collector 
of Customs at Galveston to accept and pay such drafts." Adopted. 

Mr. Kaufman offered the following amendment, to the amendment 
of i\[r. Jack. 

''^Vnd further provided, that should the draft or drafts exceed 
one thousand dollars, the Collector shall have thirty days in Avhich 
to pay the same," which was also adopted. 

Mr. Greer moved to amend the fourth section by striking out 
''twenty-five dollars" and inserting in lieu thereof the w^ords "twenty 
dollars." Carried. 

Mr. Jack offered an additional section, to be 

"Sec. 11. Be it further enacted. That in addition to the sum 
heretofore allowed by the previous sections of this act, the sum of 
two hundred dollars shall be paid by the said agent to Jose Antonio 
Navarro, one of the Santa Fe prisoners, out of the first appropriation 
that may come to his hands." Adopted. 

' Mr. Jack moved to strike out in the fifth section, the words "a 
copy of this act," also the words "together with," which was car- 
ried. 



288 Secret Journals of the Senate 

On motiou, the rule was suspended and the bill placed upon its 
third and final passage; and the ayes and noes being called on the 
passage thereof, stood thus: 

Ayes — ^[essrs. Greer, Jack, Hunter, Kaufman, Lawrence, Parker 
of Fort Bend. Parker of Nacogdoches, Rugely, Shaw. Smith and 
Webb. 11. 

Noes— ^Ir. Pattillo. 1. 

And so the bill passed. 

On motion of Mr. Kaufman, the doors were reopened. 



Thursday. January 9, 1844. 

,The Senate met in secret session. 

The following communication from His excellency the President, 
w^as read. 

(Secret.) Executive Department, 

"Washington, January 9, ISi^."^ 
To the Honorable, the Senate: 

I herewith submit for the consideration and action of the Hon- 
orable, the Senate, the treaty of Peace and Friendship with various 
tribes of Indians, concluded and signed at Bird's Fort, on the Trinity 
river, on the 29th day of September, 1843. 

It is perhaps proper to remark, that the Commissioners found it 
imj>racticable to desianate in the treaty the line as established by law, 
in consequence of the ob.jections of the Indians to any agreement 
in reference thereto until all the tribes interested should be con- 
sulted. The President did not feel himself authorized to give any 
insti'uctions to the Commissioners not in strict accordance with the 
law. Sam Houston 

A Treaty' of Peace and Friendship, betvreen the Republic of 
Texas and the Deleware, Chickasaw, Waco, Tiwocano, Keachi. Caddo. 
Anadkah, lonie, Biloxi and Cherokee tribes of Indians, concluded 
and si.u'iied at Bird's Fort, on the Trinity River, the 29th day of Sept 
1843. 

Whereas for some time past, hostilities have existed and war been 
carried on between the white and red men of Texas to the great injury 
of both parties : and whereas, a longer continuance of the same would 
lead to no beneficial result, but increase the evils which have so 
long unhappily rested upon both races; and whereas the parties are 
now willing to open the path of lasting peace and friendship and 
are desirous to esta-blish certain solenm rules for the regulation of 
their mutual intercourse : 

^See note 2 above. 

'The f^ecret journal does not contain a copy of this treaty: it has been 
supi)lie(l from ihe ori,a;inal. 



I Republic of Texas 289 

I .Therefore, the Commissioners of the Republic of .Texas and the 

i Chiefs and headmen oi the before mentioned tribes of Indians, being 

I met in Council at Bird's Fort, on the Ti-inity River, the 29th day 

I of Sept 18tt3, have concluded, accepted, aii:reed to and signed the 

I following articles of treaty: 

I ARTICLE 1. 

I 

{ Both parties agree and declare, that they will forever live in peace, 

I and always meet as friends and brothers. Also, that the war which 

f may have heretofore existed between theiu shall cease and never be 

renewed. 

ARTICLE II. 

.They further agree and declare, that it is the duty of warriors 
to protect women and children, and that they will never make war 
upon them, or upon unarmed persons, but only upon warriors. 

ARTICLE III. 

They further agree and declare, that the Indians will never unite 
with the enemies of Texas, nor make any treaty with them, which 
shall require of the Indians to take part against Texas; and that 
if any such proposals should ever be made to them that they will 
immediately communicate the same to an agent or to the President. 

'f ARTICLE IV. 

I 

vThey further agree and declare, that Avhen they learn that Texas 
is at war with any people, a chief will come to an agent and ask to 
be eondueted to the President that they may commune with him. 

ARTICLE V. 

They further agree and dechire, that agents shall be appointed 
by the Government of Texas and be stationed at such places as may 
be deemed proper, for the purpose of hearing the complaints of the 
Indians and seeing that justice is done between them and the whites; 
and also to communicate the orders and wishes of the President to 
the various bnnds and tribes. 

ARTICLE VL 

They further airree and declare, that no person shall go among 
the Indians to trade, except by the express authority of the Gov- 
ernment of .Texas. 



290 Secret Journals of the Senate 

ARTICLE YII. 

They further agree and declare, that no white man or other per- 
son within the control of the laws of Texas shall introduce among 
any tribe or nation of Indians, or sell to any Indian or Indians ardent 
spirits or intoxicating liquors of any kind. 

ARTICLE VIII. 

They further agree and -declare, that no white man or other per- 
son, else than a regularly licensed trader shall purchase any prop- 
erty of an Indian or Indians without the consent of an agent of the 
Government of .Texas. 

ARTICLE IX. 

They further agree and declare, that when any property is found 
among the whites, belonging to the Indians, it shall be the duty of 
the agent to see that the same is restored; and on the other hand, 
whenever property belonging to the w^iites is found among the In- 
dians, the same shall be restored in like manner by the Chiefs on 
application of the owner or ow^ners thereof through the agent. 

ARTICLE X. 

They further agree and declare, that no trader shall furnish any 
warlike stores to the Indians, but by the express permission of the 
President. 

ARTICLE XL 

They further agree and declare, that no person or persons shall 
pass the line of trading houses without the special permission of the 
President, and then only for friendly purposes: nor shall any person 
or persons reside or remain within the territory assigned to the 
Indians unless by express direction of the President. 

ARTICLE XIL 

They further agree and dpclar(^ that any person or persons who 
shall molest or attempt to molest the pei*sons or property of the 
Indians while they remain peaceable under this treaty, shall be held 
guilty of felony and punished accordingly by the Government of 
Texas. 

ARTICLE XIII. 

They further agree and declare, that any killing or outrage what- 
soever conmiitted by a white man, or other person within the control 
of the laws of .Texas, upon an Indian in time of peace shall be pun- 



Republic of Texas 291 

ished by the Government of Texas in the same manner as though the 
Indian were a white man, and that the person so offending shall be 
liable to indictment and punishment in any county in the Republic. 

ARTICLE XIV. 

They further agree and declare, that if any Indian or Indians 
shall kill any white person, he or they shall suffer death; and that 
if any Indian or Indians shall steal any property of the Avhites, he 
or they shall be punished by the tribe in presence of an agent with 
whipping or other punishment according to the offence. 

ARTICLE XV. 

They further agree and declare, that the Chiefs and Captains will 
not permit the Indians to cross the line for any purpose whatsoever 
without authority and a passport from an agent ; nor sell any prop- 
erty to a white man unless authorized so to do by some agent. 

ARTICLE XVI. 

They further agree and declare, that if any person or persons 
shall come among the Indians without authority from the President 
or agent, they will immediately seize and deliver him or them to 
some one of the agents. 

ARTICLE XVII. 

They further agree and declare, that they will mutually surrender 
and deliver up all prisoenrs which they have of the other party for 
their own prisoners ; and that they will not be friendly with any 
people or nation, or enter into treaty with them who will take pris- 
oners from Texas, or do its citizens any injury. 

ARTICLE XVIII. 

.They further agree and declare, that the President may send among 
the Indians such blacksmiths and other mechanics, as he may think 
proper for their benefit; and also that he may send schoolmasters 
and families for the purpose of instructing them in a knowledge of 
the English language and Christian religion. 

ARTICLE XIX. 

They further agree and declare, that when the President shall send 
persons among the Indians, they will extend to them kind treatment 
and protect them from harm. 



292 SeCIIET Jul'KXALS OF THE SeXATE . 

ARTICLE XX. 

They further agree and decbire, that the Chiefs and headmen of 
the Indians will cause their young" men and warriors to behave them- 
selves agreeably to the words of this treaty, or that they will punish 
them with death or in siieh other way as will compel them to keep 
peace and walk in the path made straight between the white and 
red brothers. 

ARTICLE XXI. 

They further agree and declare, that should any difficulty or 
cause for war arise between the Government of Texas and the In- 
dians, they will send their complaints to the President, and hear 
his answer, before they commence hostilities and the Government 
of Texas will do the same. 

ARTICLE XXIL 

They further agree and declare, that the Government of Texas re- 
serves to itself the right of working all mines, which have been, or 
may hereafter be discovered in the territory assigned the Indians. 

ARTICLE XXIII. 

They further agree and declare, that so soon as the Indians, shall 
have shown that they will keep this treaty and no more mak.^ war 
upon the whites, nor steal horses from them, the President will author- 
ize the traders of Texas to sell to them powder, lead, guns, spears 
and other ai-ms, such as they may need for the purpose of killing 
game, and also make to them every year such presents as the Gov- 
ernment of Texas may provide. 

ARTICLE XXIV. 

They further agree and declare, that the President shall make such 
arrangcni'-nts and regulations with the several tribes of Indians, as 
he may think best for their peace and happiness. 

ARTICLE XXV. 

The foregoing articles banning been read, interpreted and fully 
understood by them, they hereby agree to and confirm the same by 
sealing and signing their several names in x>i'es<mce of 

Ro. J Gilchrist G. AV. Terrell [Seal] 

L AVilliams * E 11 Tarrant [Seal] 

B. Booth CommissiontM's on the part of Texas. 

Sam B .AFarshnll 
Rob S Hulme 



Republic of Texas 



293 



Deleware chiefs 

Chickasaw chief 
Waco chief 
Waco chief 
.Tiwacona chief 
Kechi chief 

Caddo chiefs 

Anadkah chief 
lonie chief 
Biloxi chief 
Cherokee Captain 



Interpreters 



On motion of ]\Ir. Jai 



fRoastinfr Year -{- 

\ ]\rcCallah + 

[James St. Louis -j- 
Ish te u-ka-Tubby + 
Acah-qiiash + 
Cha tuch Kaha -f- 
Ki chi ka-rof[ua + 
Ka-te-ah-tick -4- 

fRed Bear -f 

\ Binchah -j- 

[llad-de-bah -f 
Jose Maria -f 
Tow-a-ash -|- 
Iloyo Tubby -j- 
Chicken Trotter -|- 

[ James Shaw -{- 

j Levis Sanches + 

^ Chow a nih -f- 
* Pierce So])by + 

(^Choctaw Tom -j- 
the message and accompanying 



[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 
[Seal] 



treaty were 
Shaw^, Wil- 



referred to the Committee on Indian Affairs [Messrs. 
liamsou, and Parker of Xacogdoehes]. 

On motion of ]Mr. Parker of Port Bend, the doors were reopened. 



Thursday, January 18, 1844. 

The Senate met in secret session. 

Mr, Shaw, Chairman of the Committee on Indian Affairs, to which 
was referred a treaty made with various tribes of Indians in Texas, 
made the following report : 

Committee Room, January 16, 1844. 
To the President of the Senate. 

The committee on Indian xVltairs, to Vvhich was referred a treaty 
of peace, concluded witii the diiierent tribes of Indians, by Geo. 
W. Terrell and E. H. Tarrant, Commissioners on the part of Texas, 
on the 20th day of September, 184o, have examined the same and 
recommended its ratification without ameudment. 

James Shaw, Chairman. 

On motion of Mr. Greer, the treaty together with tlie report of the 
Committee on Indian AlVairs, was laid on tlie table. 

On motion, tlie doors were rcopenetl. 



294 Secret Journals of the Senate 

Monday, January 22, 1844. 

The Senate met in secret session. 

The following conimiinication from the President on the subject 
of the anuexalion of Texas to the United States, etc., was read. 

Executive Department, 
Washington, January 20, 1844. 
To the Honorable, the Senate, and House of Representatives. 

Connected with our present condition, our foreign relations are be- 
coming daily more and more interesting, and it seems to me that the 
representatives of the people should anticipate the events which may 
in all probabilty occur. 

To suppose that both branches of the Honorable Congress were not 
aware of the important and absorbing questions which it is believed 
will agitate the Congress of the United States, connected with the fate 
of this country, would be to doubt their intelligence. The Executive 
therefore relies upon the clelil)erative wisdom and decision of the rep- 
resentatives of the people, to give him all the aid in their power to 
conduct the affairs of Texas to such an issue as will be promotive of 
its interests as a community, and, at the same time, gratifying to the 
people. Heretofore he has carefully abstained, during his present 
administration, from the expression of any opinion in reference to 
the subject of annexation to the United States, and in submitting this 
communication, he does not think it becoming in him now to express 
any preference. 

It will be perceived by the Honorable Congress, that if any effort 
were made on the part of this Government to effect the object of an- 
nexation, which is so desirable, and it should fail in meeting re- 
sponsive and corresponding action on the part of the United States, 
it might have a seriously prejudicial iniluence upon the course which 
England and France mieht othervrise be disposed to take in our favor. 
And a failure on our part, after a decided expression, could not but 
be mortifying to us, and to a great extent diminish our claims to the 
confidence of other nations. It would create distrust on their part 
toward us, because the opponents of our interests would allege there 
was no stability in our purposes, and therefore unsafe in other na- 
tions to cultivate very intimate relations with us, or even to maintain 
those which novr so fortimately exist. Tliey miglit apprehend that 
after the lapse of a few years, Texas, having acquired increased im- 
portance from tlieir friendly aid and go*Hl oinces, woukl be induced 
again by the agitation of the same question in the United States, to 
apply for admission into the Union, and that by possibility it might 
be effected. Hence the utmost caution and secresy on our part as 
to the true motives of our policy, sluuild be carefully observed. 



Republic of Texas 295 



I Were the interest now manifested both in the United States and 

I Texas, in relation to annexation, to pass olt' without producing any 

I material change in our national attitude, another o})ject of but see- 

i ondary importance mipht be achieved. It appears to the Executiv^e 

I that the relations which the United States bear to this country, and 

j its important position on the Gulf, would not disinclioe them to a 

I treaty of alliance with us — defensive at least, if not nlso offensive. If 

nothing else were effected than a treaty for defence, it would secure 
I to Texas a position that would forever bid defiance to our ^lexican 

enemy. It would be as important to ns in fact, as the recognition 
of our independence by ^lexico. 

These mensures seem, to the judiiment of the Executive, to be vi- 
tally connected with the glory, well-being and sta1)iiity of the nation; 
end had he, under this conviction, not communicated the same to Con- 
gress, he should have felt himself delinquent in the discharge of an 
important duty. If they are favorably received by the Honorable 
Congress, and their effectuation desired, it may be necessary for this 
purpose, if circumstances daily arisincr should justify the course, to 
despatch an additional agent to the Government of the United States 
to co-operate with our agent now there. xVnd in that event, an ap- 
propriation of five thousand dollars would be requisite to meet the 
necessary expenses. This recommendation does not arise from any 
distrust of the ability and capacity of ^Ir Van Zandt, our Present 
Charge d 'Affaires. His industry, zeal and capacity are e^dnced by 
his correspondence with this Government. But the additional weight 
which a coadjutor v.'ould give to our character at that court, and the 
multiplication of facilities for success, by the aid they could I'hutually 
render each other, from increased opportunities for intelligence, and 
in collecting and comparing information, would doubtless be of the 
highest importance. 

If the Honorable Couaress should thinic well of these suggestions, 
they will be aware of the propriety of i)nnicdudc action upon the 
subject. The Congress of the United States have now been in ses- 
fiion some time, and there can be but little doubt if they have not al- 
read}' done so, that they will soon indicate their disposition and course 
of policy towards this country. 

Believing, as the Executive did at the commeneement of the pres- 
ent session, that the subject of annexation was in the best position 
in which Texas could place it. he did not allude to it Iti his general 
message, apprehending that any public action, taken by either the 
Executive or the Congress, would oidy have a tendency to embarrass 
the subject. Action nuist now be taken by the United States; and we 
nuist now watch and meet their dis[)ositiou towards us. 11* we evince 



296 Secret Journals of the Senate 

too much anxiety, it will bo re2:ardod as importunity — and the voice 
of supplication seldom commands, in such cases, great respect. 

The Executive hopes that the injunctions under which this commu- 
nication is made, may be so regarded by the CongTess as to prevent 
the possibility of its publication, until the measures sought may be 
accomplished, or the negotiations terminated. Sam Houston. 

On motion of ^h\ Greer, the communication was referred to the 
committee on Foreign Relations [^Messrs. Kaufman, Webb and J.ock]. 
On motion the doors w^ere reopened. 



Tuesday, January 23, 1844. 

The Senate met in secret session. 

The committee on Foreign Relations, Mr. Kaufman Chairman, to 
which was referred the Communication of the President relative 
to annexation, etc., made the following report: 

Committee Room, 
"Washington, January 23, 1844. 
To the Hon[orable] Edward Burleson, 
President of the Senate. 

Tlie Committee on Foreign Relations, to which was referred the 
communication of Ilis Excellency the President, asking an appropria- 
tion of five thousand dollars, for the purpose, of enabline him ''to 
despatch an additional agent to the Government of the United States, 
to co-operate with our agent now there," have had the same under 
consideration, and have bestovred upon it that serious attention which 
its importance demands. As ardent friends of the great and desirable 
object of our annexation to the United States, sought to be attained 
by the appropriation asked for, your committee cannot hesitate to rec- 
ommend a compliance with His Excellency's request. 

Your conmiittee. after matui'e considei'ation, are fully convinced 
that if we are annexed to the United States at all, it can only be done 
by means of a treaty between the two Governments. It was by treaty 
that Louisiana and Florida were acf[uired; and indeed there is per- 
haps no instance on record where nations have acquired an accession 
to their territory by the consent of Governments owning the same, 
where such accession: was not ncquired through the instrumentality of 
treaties. Besides, a treaty when once formed, is of authority equal 
in dignity to the constitution itself. Whereas, if we should come in 
under legislative- enactment, we might go out again under a similar 
process. But a treaty when once formed hy mutual consent, could 
not be abroaated, ex<'ept by the same consent, and when ratified, it 
would be stable and permanent. 



I Kepublic of Texas 297 

I It beinnr tlieu nJinitted that we can only be jinnexed l)y treaty, and 

that treaty bavin ir to be ncu^otiated at the capital of the United 
States, considerinL'- the very important questions involved in the ne- 
gotiation of such treaty, your committee cannot hesitate to believe 
that the co-operation of two individuals, would elTeet a more satisfac- 
tory arrano-ement of the terms of our admission than the unaided 
'efforts of one individual, however able and talented that individual 
may be. AVhen the treaty of Gihent was formed, it was deemed neces- 
sary by the Government of the United States to despatch tliree of the 
most talented individuals in that Government as specird commission- 
ers; and they were in addition required tp associate with them the 
resident ministers from the United States at the courts of London and. 
Paris. Important as tliat mission was, it could 'not certainly be more 
so than the duties that would devolve on the Texian Conmiission in 
the proposed negotiation. Texas will be called upon to surrender her 
nationality and meree her existence in another GovcT-nment: and 
stipulations in regard to her national debt, the disposition of her pub- 
lic domain, and many others of the most vital importance to her well- 
being and prosperity, will enter into the x>^'Ovisions of such treaty. 
If five commissioners v.-ere considered useful, in the case above re- 
ferred to, surely it cannot be urged that two would be superfluous in a 
case of this character. It is an old adaue that in ii multitude of 
counsellors there is safety,- and if that remark is true in ordinary 
cases, it cannot be less so ^vhere the consequences flowino- from* such 
treaty, whether for good or evil, uiust neeessarily be so lasting in their 
character. 

In vievv^ of all the facts, and with the expression of their warm ap- 
probation of the policy recommended by the Executive, the committee 
have instructed me to report the accompanying joint resolution, and 

recommend its passage. -r. . , ^ ^^ „ ^,,, . 

David S. Kautman, Chairman. 

A Joint Resolution 

Providing for the appointment of an additional aeent to co-operate 
with our acrent now at the seat of Government of the United States. 
in negotiating for the annexation of Texas to the United States. 

Be it resolved by the Senate and House 'of Representatives of the 
Republic of Texas in Congress assembled. That the President be, and 
he is her<^by authorized to despatch an additional aeent to the Gov- 
. eminent of the Uni'ted States, to co-operate with our agent now there. 
for the purpose of entering into neaotiations for our annexation to 
the United States; and the sum of five thousand dollars is hereby ap- 
propriated to carry into elfeet the provisions of this joint resolution; 



298 Secret Journals of tiie Senate 

and the same shall be in full foice and effect from and after its pas- 
sage. 

A joint resolution providino^ for the appointment of an additional 
agent to the United States, etc., was read a first time. 

On motion of 'Mv. Kaufman, the rule was suspended and the joint 
resolution read a second time, and ordered to be engrossed. 

On motion of Mr. Parker of Fort Bend, the rule was then further' 
suspended, and the joint resolution read a third time and passed. 

On motion, the doors were reopened. 



Monday, January 29, 1844. 
The Senate met in secret session.- 

A' message was received from the House of Representatives, by Mr. 
James II. Raymond, their Chief Clerk, as follows : 

House of Representatives, 

January 29, 1844. 
To the Honorable Edward Burleson, 
President of the Senate. 
Sir : I am instructed by the House to inform the Honorable Senate 
that they have adopted a substitute for ''a joint resolution providing 
for the appointment of an additional agent to co-operate with our 
agent now at the seat of Government of the United States, in negotiat- 
ing for the annexation of Texas to the United States," to which they 
respectfully ask the concurrence of the Honorable Senate. 
I have the honor to be your obedient servant, 

Jas. H. Raymond, Chf. Clk. 

The substitute of the House of Representatives was taken up and 
read first time. 

On motion of Mr. Kaufman, the substitute, together with the orig- 
inal joint resolution, was referred to the Committee on Foreign Rela- 
tions [^lessrs. Kaufman, Webb and Jack]. 

On motion of ]\Ir. Kaufman, the nominations made by His Excel- 
lency the President, to the Senate, were taken up, when the following 
were unanimously confirmed, to wit: 

Pierre Brunet, Consul General for France; 

Henry F. Fisher, Consul for the city of Bremen ; 

James II. Cocke, Collector of Customs for the district of Galveston; 

William jM. Hurt, Collector of Customs for the district of San An- 
gustine ; 

William C. V. Dashiell, Collector of Customs for the district of 
Sabine; 

Niles F. Smith, Notary Puldic for Jefferson County; and 



Republic op^ Texas • 299 

Simon L. Jones, Notary Public for San Patricio County. 

The nomination of David C. Van Derlip, was on motion of Mr. 
Webb, laid on the table. 

The nomination of AVilliam 11. Patterson was also laid on the table. 

The ayes and noes being called for on the nomination of Henry 
Redmond, as Collector of Customs for the district of Aransas, stood as 
follows : 

Ayes — ]\ressrs. Grimes, Kaufman, Pattillo and Rugely. 4. 

Noes — Messrs. Greer, Hunter, Parker of Nacogdoches, Shaw^, Smith 
and Webb. 6. 

So the nomination was rejected. 

The nomination of William Henry Daingerfield, as Charge d 'Af- 
faires to the Netherlands, was laid on the table. 

On motion of ^Ir. Shaw, the doors were reopened. 



Wednesday, January 31, 1844. 

The Senate met in secret session. 

Mr. Kaufman, Chairman of the Committee on Foreign Relations, 
to which was referred the substitute from the House of Representa- 
tives to a joint resolution of the Senate providing for the appoint- 
ment of an additional agent, etc., made the following report: 

Committee Room, January 31, 1844. 
To the Hon[orable] Edward Burleson, 
President of the Senate, 

The committee on Foreign Relations, to which was referred the 
substitute of the House of Representatives for a bill of the Senate to 
be entitled a joint resolution to provide for the appointment of an 
additional agent, etc., have had tlie same under consideration, and 
beg leave to recommend that the Senate refuse to concur in the same, 
and that they adhere to their original bill. 

They conceive that any legislation in relation to the mode of or- 
ganizing a convention for the purpose of taking steps for our incor- 
poration into the American Union, is premature, and in the present 
condition of our relations with the United States, unnecessary. 
Should the United States resolve to admit Texas into the Union, hij 
legislative enactment instead of hy treaty, a special session of Con- 
gress will be convened by the Executive to provide for such emer- 
gency. 

Your committee asks to be discharged from the further considera- 
tion of the same. David S. Kaufman, Chairman. 

The Ayes and noes being called on the adoption of the foregoing 
report, stood thus: 



300 Secret Journals of the SeXx\.te 

Ayes — ^Messrs. Greer, Grimes, Hunter. Kaufman. Lawrence, Par- 
ker of Fort Bend, Parker of Xaco-^doclies, Pattillo and Shaw. 9. 

Noes — ^lessrs. Riisely, Smith and Webb. 3. 

So the report was adopted. 

On motion of ^Ir. Parker of Fort Bend, the treaty concluded be- 
tween the Republic of Texas and various Indian tribes, w\as taken up, 
and the rule being suspended, the same was read article by article. 

Mr. Kaufman offered the following- resolution: 

Resolved, That the Senate do advise and consent to the ratification 
of the "Treaty of Peace and Friendship between the Republic of 
Texas and the Delaware, Chickasaw, Waco, Tah-woc-cany, Keechi, 
Caddo, Anah-dah-kah, lonie, Biloxi, and Cherokee tribes of Indians, 
concluded and signed at Bird's Fort, on thy Trinity river, on the 
twenty-ninth day of September, 1843." 

The Ayes and noes being called on the adoption of the resolution, 
stood thus: 

Ayes — Messrs. Greer, Grimes, Kaufman, Parker of Fort Bend, 
Parker of Nacogdoches, Pattillo, Rugely, Shaw, Smith and Webb. 10. 

Noes — 'Mv. Hunter. 1. 

So the resolution was adopted. 

On motion of ]\[r. Hunter, the doors were reopened. 



Saturday, February 3, 1844. 

,The Senate met in secret session. 

A message was received from the House of Representatives, by 
Mr. James H. Raymond, their Chief Clerk, as follows: 

House of Representatives, 
February 3, 1844. 
To the Hon[orable] the President of the Senate. 

Sir: I am instructed by the House of inform the Honorable Sen- 
ate, that they adhere to their amendments to ''a joint resolution 
providing for the appointment of an additional agent to cooperate 
with our agent now at the seat of Government of the United States, 
in negotiating for the annexation of Texas to the United States ;'' 
and that they have appointed a committee, consisting of Messrs. 
Phillips, Barnard, Hogg, Davis, and Maverick, as a committee of 
conference, and respectfully recpiest the appointment of a like com- 
mittee on the part of tlie Senate. 

I have the honor to be your obedient servant, 

Jas. H. RajTnond, Chf. Clk., H. R. 

On motion of ^tr. Kaufman, the nomination of William Henry 
Daingerfield, as Charge d 'Affaires to the Netherlands, was taken up. 



Kefublic of Texas 301 

The ayes and noes being called on the confirmation thereof, stood 
as follows: 

Ayes — ^lessrs. Greer, Grimes, Hunter, Kaufman, Parker of Fort 
Bend, Parker of Nacogdoches, Pattillo, Shaw and Smith. 9. 

Noes — ^Ir. Itiigely. 1. 

So the nomination was conilrmed. 

On motion, the doors were reopened. 



Monday, February 5, 1844. 

The Senate met in secret session. 

A message from the house of Representatives, relative to the dis- 
agreement between the two Houses on the bill originating in the 
Senate, providing for the appointment of an additional agent to the 
United States, etc., was taken up. 

Messrs. Kaufman. Shaw and Pattillo were appointed a committee 
of conference on the part of the Senate thereon. 

The following message w^as received from his Excellency the Pres- 
ident, to wit : 

Executive Department, 
Washington, February 5, 1844^ 
,To the Honorable, the Senate. 

The Executive has the honor to transmit to the Senate, the fol- 
lowing nominations, for its constitutional action, viz: 

F. H. Merrimnu; District Attorney for first Judicial District; 

George W. Brown, District Attorney for second Judicial District; 

Thomas Johnson, District Attorney for third' Judicial District; 

John D. Anderson, District Attorney for fourth Judicial District; 

0. M. Roberts. District Attorney for fifth Judicial District; 

Peter W. Gray, District Attorney for sixth Judicial District: 

William C. Young, District Attorney for seventh Judicial District; 

J. W. ^laulding. Notary Republic for Harrison County; 

James P. Nash, Notarj^ Public for the Port of Galveston; and 

George L. Martin, Notary Public for Liberty County. 

Sam Houston 

The rule being suspended on all the said nominations, they were, 
severally, unanimously confirmed. 

A message was received from the House of Representatives, by 
Mr. James H. Raymond, as follows, to wit: 

That the House. has adopted the report of the committee of con- 
I ference on the joint resolution providing for the appointment of 

an additional agent to the United States, etc. 



•See note 2 above. 



302 Secret Journals of tile Senate 

]Mr. Pattillo, chairman of the committee on Enrolled bills, made 
the following report: 

Conmiittee Room, February 5, 1844. 
lli\ President: 

Your committee on Enrolled Bills, have examined a joint reso- 
lution providing for the appointment of an additional agent to coop- 
erate with our agent now at the seat of Government of the United 
States for negotiating for the annexation of Texas to the United 
States, and finding the same correctly enrolled ; and the same having 
been signed by the Speaker of the House of Representatives and 
President pro tempore of the Senate, was this day presented to His 
Excellency the President for his approval^ 

G. A. Pattillo, Chairman. 

On motion, the doors were reopened. 

^This joint resolution is printed in the Appendix as No. 7. 



NINTH CONGRESS 



Roll of Senators 

John Caldwell, for the District of Bastrop, Travis. Fayette and 
Gonzales. 

John A. Greer, for the District of San Augustine. 

Jesse Grimes, for the District of Washington, ^lontgoinery and 
Brazos. 

David S. Kaufman, for the District of Sabine, Shelby and Har- 
rison, 

11. L. Kinney, for the District of San Patricio, Goliad and Refugio. 

William Lawrence, for the District of Harris, Galveston and Lib- 
erty. 

James K. McCrearey, for the District of Austin, Colorado and Fort 
Bend. 

Henry J. IMunson, for the District of Robertson and Milam. 

Isaac Parker, for the District of Nacogdoches, Rusk and Houston. 

George A. Pattillo, for the District of Jasper and Jefferson. 

Timothy Pilsbury, for the District of Brazoria. 

Richard Roman, for the District of ]\Iatagorda, Jackson and Vic- 
toria. 

John W. Smiths U ,, T^- . • . ,. -o 

c, 1 TT T 1-1 ^tor Ibe District of Bexar. 

Samuel H. Luckie^ J 

George W. Wright, for the District of Red River, Fannin, Bowie 
and Lamar. 

Officers of the Senate 

Edward Burleson, Vice-President until December 9, 1844. 
Kenneth L. Anderson, Vice-President, inaugurated Dec. 9, 1844. 
John A, Greer, President pro tempore. 
Henry J. Jewett, Secretary. 

*John W. Smith died January 13, 1845; he was succeeded in the Senate by 
S. H. Luckie on February 1st. 



NIN.TH CONGKESS 

FIRST OR REGUAR SESSION 

Secret Journals of the Ninth Congress. 

[By a law, entitled "an act concerning the archives of the legisla-- 
ture, " approved February 16^ 1852, it was made "the duty of the 
present Secretary of the Senate, and Chief Clerk of the House of Rep- 
resentatives to carefully arrange, and file the entire archives of the 
Congress [es] of the late Republic of Texas and of the State Legisla- 
ture, and place the same under proper labels, in a safe and conven- 
ient receptacle to be provided for the purpose ; and, also, to record in 
suitable blank books . . . complete journals of the said Congress [es] 
and State Legislature ... so far as the same have not hereto-- 
fore been rccordf^d: the whole to be executed with the utmost uni- 
formity, neatness and accuracy.''^ 

T]ie journals of the senate of the seventh, eighth and ninth con- 
gresses, now on file in the office of the Seci-elary ol State, show that 
W. D. i\Iiller, Secretary of the Senate, Fourth Legislature, performed 
this task admirably. However, when he reached the point where the 
secret journal of the Ninth Congress should have been recorded, he 
was compeUed to mak.e following entry in its stead: 

"Xote: AYhen this volume was recorded, the Secret Journal of the 
Ninth Congress could not be found in the archives of the Senate. It 
was supposed to be among the papers of the House of Representatives, 
in the hands of the Chief Clerk of that Body, at his residence on La 
Vaca Bay. Sufficient space is left for the Secret Journal, and it will 
be recorded when discovered. "W. D. ^Miller, 

"Sec'y Senate, Fourth Legislature. "- 

To sui)ply as nearly as possible the information conta.ined in these 
missing journals, the President's secret mes-ages to the Senate and the 
replies of the Secretary of the Senate to the President are printed be- 
low.] 

(Secret.) Executive Department, 

Washington, December 5, 1S44.* 
To the Honorable the Senate: 

I herewith respectfully submit, for the constitutional action of your 
Honorable Body, the Convention of Friendship, Commerce and Navi- 

'Gammol. Lavs of Te.vas, III 125-6. 

-Journal of the Senate of the Republic of Texas, Ninth Consress, 
(MS.), p. 3r>l. Deiv.irtnient; of State. 
•Executive Record, Vol. 40, p. ?>S'2. Department oC State. 



306 Secret Journals of the Senate 

gation, between the Republic of Texas and the Hanseatic Republics 
of Lubeck, Bremen and Hamburg, concluded at Paris, on the 17th day 
of April, IS-ii.-' 

[Sam Houston] 

(Secret.) Executive Department, 

Washington, December 5, lSi.4:.^ 
*To the Honorable, the Senate: 

I herewith respectfully submit, for the constitutional action of your 
Honorable Body, the Treaty of Peace, Friendship and Commerce, be- 
tween the Picpubiic of Texas and the Comanche, Keechi, AYaco, Caddo, 
Anadahka, loni, Delaware, Shawnee, Cherokee, Lipan and Tonkawa 
tribes of Indians, concluded and signed at Tahwoccano Creek, on the 
9th day of October, 1S44.^ 

[Sam Houston] 

(Secret.) Executive Department, . 

Washington, December 5, 1844."^ 
To the Honorable the Senate : 

I have the honor to submit for the advice and consent of the Senate, 
the following nominations, under appointment made during the recess 
of Congress: 

George W. Terrell, Charge d 'Affaires to France, etc. 

James Peily, Charge d 'Affaires to the United States. 

William H. Palmer, District Attorney for the 6th judicial district. 

Gideon R. Jaques, Notary Public for Matagorda County. 

Roljert L. AVilliams, Notary Public for Jasper Coanty. 

Benj. Richardson, Notary Public for Jasper County, 

Otes McGatfy. Notary Public for Jasper County. 

Joseph Daniels, Notary Public for Washington County. 

Samuel D. llav. Notary Pulil.ie lor ^loutaomery County. 

David Ayres. Notary Public for Austin County. 

John A. Yeatch, Notary Public for Liberty County. 

G. L. i\Iartin, Notary Pnl^lic for Liberty County. 

R. M. Forbes. Notary Public for Brazoria County. 

Adolphus Sterne, Notary Public for Nacogdoches County. 

Samuel ]\Iouroe Hyde, Notary Public for Rusk Count3^ 

John R. Craddock, Notary Public for Lamar County. 

A. P. Y^aughn, Notary I'ublic for Harrison County. 

*The treaty between the Republic of Texas and the Hanseatic Republics 
of Lubeck, iirenien and Hamburg is priiiicd in Garrison, Diplomatic Cor- 
respotidence of the Ufpuhlic of Texas. II. 

^'Executive Record. Vol. 40, p. oS2. Depariiiunt of State. 

*The treaty between the Republic of Texarf and the Indian tribes enumera- 
ted above is primed in Ganunel, Lairs of Tc.ras. U I191-lli)t>. 

'Executive Record, Vol. 40, p. 3J5o. Department of State. 



Republic of Texas 307 

Niles F. Smith,, Notan- Public for Port of Sabine. 
James Somervell, Notary Public for Port of ^lata^orda. 

[Sam Houston] 

Senate Chamber 
December 11th, 1844." 
To His Excellency 

Anson Jones. President etc 
Sir. 

I have the honor to inforr* your Excellency that the following Nomi- 
nations have been confirmed, viz 

Gideon E, Jaques, Notary Public for Matagorda Coimty. 

Joseph Daniels, Notary Public for Washington County. 

Samuel D Hay, Notary Public for ^Montgomery County. 

G. L. ^lartin, Notary Public for Liberty County. 

R M Forbes Notary Public for Brazoria County. 

Adolphus Stern Notary Public for Nacogdoches County. 

Samuel ^lunroe Hyde Notary Public for Rusk County. 

Niles F Smith Notary Public for Port of Sabine. 

James Summervill Notary Public for Port of ^Matagorda. 

Also that the following Nominations have been rejected by the 
Senate, viz. 

David Ayers, Notary Public for Austin County. 

A P Vaughn Notary Public for Harrison County. 

Very Respectfully, 

Henry J Jewett 
Secretary of the Senate 

Senate Chamber 
December 12th 1814.' 
To His Excellency 

Anson Jones, President 
Sir 

I have the honor to inform your Excellency, that the following 
Executive Nominations w^ere this day acted upon by the Senate. 

John R Craddoclv, Notary Public for the County of Lamar; con- 
fir rued. 

Jolin A Veatch; Notary Public for the County of Liberty; re- 
jected. 

Very Respecl fully. Henry J Jewett 

Secy Senate. 

*MS. Senate Confirmations. Texas State Libra^J^ 
'MS. Senate Conlirmations, Texas State Library. 



SOS Secret Journals of the Senate 

Executive Department, 
Washin.LTton, 12tk Deer 1844.^^ 
To the Hon. the Senate : 

The Executive respectfully submits for your consideration and 
advisement the following nominations, viz 
W. B. Ochiltree, Secretary of the Treasury. 
Ebenezer Allen, Attorney General. 
Moses Jolu]son, Treasurer.'"' Anson Jones. 

Secret Executive Department 

Washington, ITlh Deer 1844.'- 
To the honorable the House of Eeprosentatives : 

In compliance with a secret Eesolution of the Hon.. House, 
adopted on the 11th Inst., I herewith transmit a communication with 
accompanying documents from the Secretary of the Treasury,"'* 
and respectfully suggest that his remarks in regard to the suppres- 
sion of names, receive the attention of the Hon. House. 

Anson Jones 

Secret Executive Denartment 

Washington, 23d Deer. 1844.'^ 

,To the honorable, The Senate: 

In reply to a Kesolution of the 21s t Inst.'% passed in open session, 
requesting a statement showing the disposition of the appropriation 
made for the relief of the 2vlier Prisoners etc., etc., the Executive 
would inform the Hon. Senate, that the information required has 
been transmitted to the House of Kepresentatives under an injunc- 
tion of secrecy. 

Owing to the extreme length of the documents in question, the 
President is constr;iined to refer your honorable body to the House, 
which he doubts not, v.'ill furnish the desired papers at your request. 

Anson Jones 

'"Executive Record, Vol. 47. p. 6. Department of State. 

"APPOIXT.AIEXTS BY THE PRESIDENT. 

\Vm. B. Ochiltree, Secretary of the Treasury. 
' Ebenezer Allen, Attorney General. 

Moses Johnson, Treasurer. 

James B. Shaw, Comittroller — re-appointed. 

Charles Mason. Auditor — re-appointed. 

S. Z. Iloyle, President's Private Secretary. 

The Department of Stale and War & Marine have not yet been filled. The 
Hon. E. Allen will act as Secrerary of State ad interim ;'an(\ ^i. C. Hamilton, 
Esq., as Secretary of War & ^Marine ad interim. — Mornino Star. December 
21, IS 14. 

'^^Executive Record, Vol. 47, p. 13. Department of State. 

"The communicatiou with accompanying documents from the Secretary of 
the Treasury has not been found. 

'^Executive Record, Vol. 47, p. 1^>. Department of State. 

*^The Resolution is primed in the Journals of tJir Stuiatc of the Ninth 
Congress, p. 59. 



'f 



Republic of Texas 309 

Secret ' Executive Department 

8 Washin-ton, 30th Deer 1844/« 

To the honorable, the Senate: 

I respectfully suhniit, for the advice and consent of the Senate, 
the following- nominations, viz. 
1 Cullen Arnett Notary Public Liberty County 

Ira i\r. Fiecmjin Xotary Public Harrison County 
Joseph Pinson Votary Public Houston County 

Robert Wallver Xotary Public Harris County 

L. C. Cunnin;aham Xotary Public Bastrop County 

Anson Jones 

Senate Chamber 
.Deer 31st 1844^' 
To His Excellency 
Anson Jones, 
Sir 

I have tiie honor to inform yonr Excellency, that the Senate have 
confirmed the folio^^'ing nominations, this day, viz 

William H Palmer, District Attorney for the Sixth Judicial Dis- 
trict. 
I : Cullen Arnett. Xotary Public, Liberty County. 

Ira 'M Freeman, Xotary Public, Harrison County. 
Joseph Pinson, X^otary Public, Houston County. 
Robert AValker. Xotary Public, Harris County. 
L. C. Cunningham. X^'otary Public, I>astrop County. . 
Very Respectfully 

Henry J Jewett 

Secy Senate 

Secret • Executive Department 

. Washington. Sth January 1S45.^» 

To the honorable, the Senate : 

The Exei'Utive respectfully submits for your consideration and 

advisement, the followini:: nominations, viz. 

Robert S. Ilerndon Collector for District of l>razos. 
Thomas Harvey Xotary J^ublic. }.larnm»rda County 
A. W. 0. Hicks Xotary Public, Shelby County 
George Fisher Xotary Publi(\ Harris County 

Anson Jones 

"Executive Record, Vol. 47, p. IS. Department of State. 
'^MS. Senate Confirmation^^. Texas State Library. 
'^Executive Record, Vol. 47. p. IS. Department of State. 



i 



310 Secret Journals of the Senate 

Secret ' Executive Department 

Washington, lOtli January 1845'» 
To the honorable, the Senate: 

Since I had tlie honor on the Sth Inst, to nominate Mr. George 
Fisher to the office of Notary Public for the County of Harris, I 
have been informed that Daniel D. Gulp Esq. the incumbent of that 
office has returned from the United States after an absence of many 
months; \Yhich lontr absence I had supposed a virtual resignation of 
his office; as however, ]\[r Gulp had not formally resigned, but on the 
contrary has expressed his v,ish to me to continue in the discharge 
of the duties of that office until the end of his term, I respectfully 
ask permission of the honorable Senate, to withdraw from before it, 
the nomination of 2\[y. Fisher for the office referred to. 

Anson Jones 

Senate Ghamber 
To His Excellency ¥7ashington Jany Sth 1845'-° 

Anson Jones. 
Sir. 

I have the honor to inform your Excellency, that the Senate have 
confirmed the following nominations this day; viz. 
Robert S Herndon. Gollector for the District of Brazos. 
Thomas Harvey, Notary Public for the Gounty of ]Matagorda 
, A AV Ilicks, Notary Public for the Gounty of Shelby 
Very Respectfully, 

Henry J Jewett, 

Secy Senate 

Secret Executive Department 

Washington, 21st January I'S-io.-'^ 
To the honorable, the Senate: 

I respectfully submit for the advice and consent of your Hon. 
body, the following nominations, viz. 

Thomas Newcomb. District Attorney for Fourth Judicial Dis- 
trict 
George Quinan. District xVttorney for First Judicial Distri-'t 

William Dyrue. District Attorney for Second Judicial Dis- 

trict 
Archibald Jones. Notary Public for Gonzales Gounty 

F. 'M. Wethered Jr. Notary Public for Sabine Gounty 

Anson Jones 

'•Expcntive Rpcord. Vol. 47, p. 21. Department of State. 
"MS. Senate Confirmation^. Texas Stare Liltrary. 
'^Executive llecord. Vol. -IT, p. 22, DepartTn>:^nt ot Stare. 



Republic of Texas 311 

Secret Executive Department 

Washington, 25 th January 1845." 
To the honorable, the Senate : 

I respectfully submit for the advice and consent of your Hon. 
body, the following nominations, viz. 

Auguste Furtado. Consul for the port of Bayonne, France. 
Stephen H. Ellis. Notary Public, Bowie County. 

. Anson Jones 

Senate Chamber 
January 24th 1845.=^ 
To His Excellency, xVnson Jones. 

I have the honor to inform you, that the following Executive 
Nominations were confirmed by the Senate, this day. viz 

Auguste Furtado, for the office of Consul for the port of Bayonne, 
France. 

Stephen H Ellis, Notary Public Bowie Co 

William Byrne, District Attorney for the Second Judicial District. 

Also the following Nominations w^ere rejected 

George W Terrell,-* Charge d Affaires to France. 

James Reilly,-'* Charge d Affaires to the United States. 

The follov/ing resolution was also adopted by the Senate. 

Resolved, That the Senate do ad\Tse and consent to the ratifica- 
tion of the ''Treaty of Peace, Friendship and Commerce between the 
Republic of Texas and the Comanehie, Tveechi, Waco, Caddo, Anah- 
dahkah, lonie, Delaware, Shawnee, Cherokee, Lipan and Tahuakkano 
Tribes of Indians, conducted [52c] and signed at Tahuacano creek on 
the ninth day of October in the year One thousand eight hundred and 
forty four." 

Very Respectfully, Henrys J Jewett 

Secy Senate 

Senate Chamber 
Feby 3d 1845.=' 
To His Excellency, Anson Jones. 

I have the honor to inform your Excellency that the following Nom- 
inations were this day Confirmed by the Ilonl. Senate. 
Thos. H Addicks*^, Notary Public for Bexar County. 

"Executive Record, Vol. 47, p. 23. Department of State. 

"^^MS. Senate Confirmations. Texas State Library. 
I -*Th6 Senate has rejected the nomination of Gen'l Terrell and Col. Reily, 

i as Charc;es d'Affaires. . . It is rei)orted that only five votes were given in 

I favor of Terrell, and four in favor ol' the appointment of Col. Reily. It is 

j said that tlie cliief cause of opposition to these j^^entlenuHi ^vas owing to 

I their hostility to annexation. — Telegraph, February 5, 1815. 

i ^'MS. Senate Coniirmations. Texas State Library. 



312 Secret Journals of the Senate 

Wm J DowiiinLT, Notary Public for Sau Patricio County. 
Also that the Convention of Friendship, Commerce and Navigation 
between the Republic of Texas and the Ilanseatic Republics of Liibec, 
Bremen and Hamburg, on motion, has been laid on the Table. 
Respectfully 

Henry J Jewett 
Secy Senate 

NINTH CONGRESS 

SECOND OR C^ULLED SESSION 

[The Secret Journals of the Extra or Called Session of the Ninth 
Congress are printed in the the Journals of the Senate of the Extra 
Session, Ninth Congress, of the RepuUic of Texas, pp. 85-94, and are, 
therefore, not printed here.] 



APPENDIX 



SECRET ACTS AND JOINT RESOLUTIONS 
Number 1. 



I Joint Resolution requesting the President to open a secret corre- 

I spondence with Gen. James Hamilton.^ 

I Resolved by the. Senate and House of Representatives of the Re- 

I public of Texas, in Congress assembled. That the President be author- 

j ized to open a Secret Correspondence with Gen. James Hamilton, of 

I Charleston, South Carolina, to ascertain of him whether or not he 

t will accept the Commandancy of the Army of Texas, if the emergency 

I ' of the Country requires it 

I , Ira Ingram 

I • Speaker of the House of Representatives 

j Richard Ellis 

f Pres[iden]t of the Senate Pro Tern 

I Approved 22nd Deer 1S36 

I Sam Houston 

■ Number 2. 

j Secret Resolution requesting the President to instruct the Minister 

\ at the Court of St James- 

l Resolved by the Senate and the House of Representatives of the 

* Republic of Texas in Congress assembled That the President be and 

? he is hereby authorized to instruct our ]^,Iinister at the Court of St 

I James in Great Britain to repair to the Court of St Cloud in Prance 
at any time that he in his opinion may consider that the interest of 
our country may be advanced by his visiting that Government. 

j B. T. Archer Spkr. of II of R 

I Jesse Grimes Prest Protem of the Senate 

j Approved 7th June 1837 

I Sam Houston 

i Number 3. 

A Joint Resolution on the Subject of Establishing Amicable Rela- 
tions with iMexico. Approved December 21, 1839.^ 

Number 4. 
An Additional Joint Resolution relative to the pacification and ad- 

*MS. Laws of the First Congress, folio 9. Department of State. 
»MS. Laws ot the First Con,2:r':ss, folio 48. 
•This secret joint resolution has not been found. 



^ 



316 SECRprr Journals of the Senate 

justiTient of existiiiii- (lirficLilties between Texas and ^Mexico. Approved 
December 21, 1830.^ 

Number 5. 

Joint Eesolution, in secret session.^ 

Section 1. Be it resolved by the Senate and House of Representa- 
tives of the Republic of Texas in Congress assembled (in secret ses- 
sion). That the Secretary of the Treasury, under direction from the 
President shall be authorized to issue from the Treasury Department 
a sufficient amount of Promissory notes of the Government to meet 
and cover payments and demands on the Treasury arising from ap- 
propriations made by this C\'ni;ress without it being understood that 
this resolution shall in any way alter or change the rec^ular account 
of returns which the Secretary must present to the next,CongTess. 

Section 2. Be it further resolved, That from and after the passage 
of these Resolutions the Secretary of the Treasury be, and he is re- 
quired to suspend the further publication in the public Gazettes of the 
monthly receipts and expenditures of the Government 

David S. Kaufman 
Speaker of the House of Representatives 
David G. Burnet 
President of the Senate 
Approved 5th February 1840 
IMirabeau B. Lamar 

, ^ , . Number 6. 

{Secret.) 

An Act to provide for the Sale of the Navy of Texas." 

Sect. 1. Be it enacted by the Senate and House of Representatives 

of the Republic of Texas in Congress assembled, That the President 

be and he is hereby authorized and required [as] soon as practicable, 

consistent with the public interest, to dispose of the vessels comprising 

the Na\y of Texas, to wit, The Ship Austin the Brig Wharton at the 

highest price which can be obtained either by sale or in exchange for 

and redemption of the entire liabilities of the Government contracted 

in tlie purchase of said vessels, and the Brig Archer and the Schooner 

San Bernard together with the Steamship Zavalla her tackle furniture 

and apparel, also the property of the Na\^' Yard with all the Naval 

Stores be sold for cash or credit as the President may deem proper, 

and the proceeds of sale from the Archer. San Bernard and Zavalla 

with the public property at the Navy Yard, shall be disbursed in the 

following manner, to wit, fifteen thousand dollars for the payment of 

*This serret joint resnlurion has not hnen found. 
*FiIe 1109. (MS.) in Papers of the Fourth Congress. 
•MS. Laws of the Seventh Congress, folio 3. 



Kf:i'UBLic OF Texas 317 

chiims due the present or fonner offleers, seamen nnd marines of the 
Navy in proportion to the time they have served and the amount 
whieh may be due. and'the baUance to be paid into the Treasury of 
the Republie. 

Sect 2. In.' it further enacted That the President be and he is here- 
by authorized to appoint some trustworthy and snita])le person or per- 
sons, to act as agent or agents, in affecting [sic] at as early a period 
as practicable the object of this act. 

Sect 3. Be it further enacted That this act take effect from and 
after its passage. N. II. Darnell 

Speaker of the House of Representatives 
J. A. Greer . 
Presdent Pro, Tern, of the Senate. 
Approved 16th J any 1843 
Sam Houston 

o ^ Number 7. 

beci'ct. 

A Joint Resolution providing for the appointment of an additional 
agent to co-operate with our agent now at the Seat of Government of 
the United States in negotiating for the annexation of Texas to the 
United States.^' 

Sec. 1. Be it resolved by the Senate and House of Representatives 
of the Republie of Texas in Congress assembled, That the President 
be, and he is hereby authorized to dispatch an additional agent to the 
Government of the United States to co-operate with our agent now 
there, for the purpose of entering into negociations for our annexa- 
tion to the United States, and the sum of Five thousand dollars is 
hereby appropriated to carry into effect the provisions of this Joint 
Resolution. 

Sec. 2. Be it further resolved That in the event it may be found 
impossible to secure a majority of Two thirds of the United States 
Senate, to a treaty of our annexation to the United States, that the 
said agent, shall be required to nse his influence to procure our an- 
nexation to the United States by an Act of Congress of the same, and 
in the event such an act be passed, the President of this Republic is 
requested to convene a Special Session of Congress to take such ac- 
tion thereon, as the emergency of the case may require; and This 
Joint Resolution shall be in full force from and after its passage. 

Richardson Scurry 
Speaker of the House of Rt^presentatives 
John A. Greer 

, „,, ^ , ^^,, Pro. Tern. President of the Senate 

Approved oth Feby 1S44 

Sam Houston. 
•MS. Laws of the Eighth Congress, folio 86. 



INDEX 



Aake, Charles, nominated assistant | 
surgeon, 1S4; con'irmed, IS 9, i 

Abbott, Richard A., nominated 1st 
lieutenant, 46; confirmed, 52. 

Adams, George W., nominated no- 
tary public, 140; confirmed, 143. 

Addicks, Thomas H. O., confirmed 
notary public, 311. 

Ainsworth, A, S., vote received for 
chief justice, 175. 

Airey, Thomas H., nominated con- 
sul, 232; confirmed, 233. 

Aldrich, Collin, nominated chief jus- 
tice and rejected, 86. 

Alexander, J. M., confirmed 2d lieu- 
tenant, 172. 

Allen, Ebenezer, nominated attorney 
general, 30 8. 

Allen, Jdmes C, nominated judge 
advocate general, 66; nominated 
chief justice, 87; confirmed, 88; 
vote received for district judge, 
174. 

Allen, Sam W., nominated 2d lieu- 
tenant, 45; confirmed, 51. 

Allen, T. D., nominived 2d lieuten- 
ant, 47; confirmed, 53. 

Allston, James, nominated 2d lieu- 
tenant, 47; contirrned, 53. 

Almonte, J. N., release of, 28. 

Amory, Natlianiel, nominated secre- 
tary .of legation, 114; rettirned to 
president, 116; again nominated 
and confirmed, 161; nominated 
consul and confirmed, 2 3 2. 



Anderson. A. A., nominated district] 
attorney, 177; confirmed, 17 8. i 

Anderson, .lohn D., nominated dis-j 
Irict attorney and confirmed, 301.1 

Anderson, Kenneth L., nominated | 
collector of customs, 136; con- j 
firmed, 14 2; nominated district 
attorney, 231; confirmed, 232; 
vice-president, 304. 

Anderson, T. P., noutinated surgeon, 
136, 226; confirmed, 170, 227. 

Anderson, T. T., nominated assist- 
ant surgeon, 44; confirmed, 50. 

Andrews, Micah, nominated captain. 
30; confirmed, 31. 

Annexation, committee to report on 
prospects, 91; rey)ort. 95; infor- 
mation called for concerning with- 
drawal of, 12S; in-esident's mes- 
sage in regard to. 2 04-6; report 
of committee on, 206-7, 200; joint 
resolution providing for an addi- 



tional agent to the United States, 
297-302, passim, 317. 

Anthony, Thomas J . nominated 2d 
lieutenant, 59; confirmed, 60. 

Applegate, John P., nominated 1st 
lieutenant, 30; confirmed, 31. 

Appleman, John, nominated sailing 
master, 13S; returned to president, 
170. 

Arcambal, Charles J., nominated mid- 
shipman, 138; returned to president, 
170. 

Archambal. See Arcambal. 

Archer, Branch T., nominated secre- 
tary of war, 184; confirmed, 1S8; 
mentioned, GO, 20S. 

Archer, Powhatan, nominated 1st lieu- 
tenant, 208. 

Archer, brig, mentioned 253, 263, 266, 
316. 

Armstrong, James, nominated district 
attorne}^ 177; confirmed, 179. 

Arnett, Cullen, nominated notary pub- 
lic and confirmed. 309. 

Arnold, Hayden, nominated secretary 
to commissioners to treat with the 
Indians, 19; confirmed. 20. 

^\rreola,. Leander, nominated 1st lieu- 
tenant, 44; confirmed. 50. 

Atkins. George B., nominated chief 
justice, 135; vote for, 175. 

Atkinson. John, nominated consul, 
258; confirmed. 267. 

Augustine, Henry W.. senator 1st and 
2d congresses; resigned. 70. 

Austin. Stephen F.. nominated secre- 
tary of state. 15; confirmed. 17; 
mentioned, 13, 2S. 

Austin. William H.. nominated notary 
public, 205. 

Austin. William T., nominated col- 
lector of customs and confirmed. 
119. 

Aiifttin, ship, mentioned. 252-257. pas- 
sim. 263. 265. 286. 316. 

Ayres. David, nominated notary pub- 
lic. 306; rejected, 307. 

Bneumlein, C. P.. nominated assistant 
surgeon. 44: confirmed. 50. 

Baker. Joseph, transintor to senate, 
15: nominated chief justice and con- 
firmed. 34: recommends Van Ness. 
04. 

Bnllingpr. E.. vote received for chief 
justice. 176. 



C 320 



Index 



Earbey, Theodore, nominated consul, j Berry, .John G., nomini'.ted collector of 
187; confirmed, ISS. j customs and confirmed. 220. 

Barker, John H., nominated sailing Berry, Nathan E.. nominated 2d lieu- 
master, lo8; returned to president, I tenant, 184; confinr-ed, 194. 

• I Betts. C. S., nominated midshipman, 

Barnard, John F., nominated mid- j i;^8: returned to Dresident 170 
shipman, i;j'j; returned to president, j ..j^^h^^^^ Mathias A., mentioned. 39. 
■'•'"• I Birdsall. .Tohn, nominated attorney 

Barnard, J. H., mentioned, oOO. I -vn^.i-al and confirmed. 93; nomi- 

Earnes, John, nominated consul, 216; | nated chief justice of the Republic, 
confirmed, 217. | 114^ 116. 

Barnett, George W., senator 2d, od, | Blockade of Matamoros raised, 18; 
4th, 5th, Gth and 7th congresses, j l)lockade of Mexican ports not en- 

Barnet, Thomas, nominated chief Jus- 1 forced. 246. 

tice and confirmed, 34. j Blount, Alexander C, nominated lieu- 

Barr, Robert, nominated postmaster | tenant in navy, 137; returned to 
general and confirmed, 41. j president. 170. 

Barron, Thomas H., nominated cap-|Bonnell & Cruger, vote received for 
tain, 30; confirmed, 31. j Diiblic printer, 145. 

Bartlett, George C, nominated lieu-| Booker, Shields, naminated surgeon, 
tenant in navy, .137; returned to | 136; confirmed, 170: vote received 
president, 170. lor receiver. 17S, 179. 

Bassiers, , nominated lieutenant j Booth. B., mentioned, 292. 



in nav'y, 137; returned to president 
170. 

Battle, IMills M., nominated notary 
public, 2S2; confirmed. 2S4. 

Beall, Horace, nominated assistant 
surgeon, 184; confirmed, 189. 

Beason, Jesse, nominated 2d lieuten- 
ant, 47; confirmed, 53. 

Bee, Barnard E.. accompanied Santa 
Anna to Washington, 28; nominated 
secretary of war, 87; confirmed, S8; 
nominated secretary of state and 
confirmed, 117; nominated commis- 
sioner to ^Mexico, 135, 14S; instruc- Boundary 
tions. 150-155; nominated minister States. 



to United States, 160; nominated 



Porden, Gail, nominated collector of 
customs. 48, 211; confirmed, 48, 212. 

Borden, John P., nominated commis- 
sioner of general land offlce, 184; 
confirmed. 186; resigned. 190. 

Borton. Philip, nominated surgeon, 43; 
confirmed, 49. 

Boundary, eastern, appointment of 
boundary commissioner urged, 92; 
Corzine nominated, 93: Taylor nom- 
inated, 113: Sample nominated. 135; 
Dexter nojninated. 141; Hunt nomi- 
nated, 143; Smyth nominated. 184. 
conventio"! with United 
Submitted, 110. 



charge d'affaires, 177; confirmed, 
178; mentioned, 13, 97, 98. 158, 185. 
Bee, Hamilton P., nominated clerk to 
boundary commission, 135; 
firmed, ilS. 



Bourland, James, nom mated collector 



of customs and confirmed, 221. 
Bov\'l, chief of the Cherokees. men- 
tioned, 39. 
con-jRowyer, .John :\r.. nominated captain, 
' 59: confirmed. 60. 



Bell, George H., nominated midship- 
man, 139; returned to president. 



Belgium, commercial project, 221-223; ! Boylan. James D.. nominated master 
adverse report, 224. | commandant, 54; rejected, 60: arrest 

i ordered. 72; message concerning, 
! 1^-- 

1"*^- i Brady. .Tames M.. nominated midship- 

Bell, Peter H., nominated assistant 1 man, 138; returned to president 
adjutant general. 43; confirmed, 49; i 170. 

nominated inspector general, 136; { Brame, Charles E., nominated 2d lieu- 
^^^4^^^..A -.-A tenant, 184; withdrawn, 191. 

Brannum, William T., confirmed 



purser. 27; nominated navy an:ont. 
139: returned to president. 170;' 
nominated purser, 226; confirmed. 



confirmed, 170 
Benge. Samuel, mentioned. 38, 39. 
Bennett. Joseph, nominated colonel, 

59; confirmed, 60. 
Bennett. Littleton, nominated mid- 
shipman. 138; returned to president. 
_ ^"^' ! Brashear. William C nominated lieu- 

Bennett. Valentine, nominated quar-l tenant in navv. 207, 226: confirmed 

termaster, 43; confirmed. 56. I 227. 

Benton, Jesse, nominnted district at-! Bremen, treaty with, submitted to 

torney, 216; confirmed, 217. \ SHnnf.:^, 3n6: tabled. 312. 

Berry, .Tames, nominoted 1st lieuten-j Brev/ster. H.' P.. no:nin"ated district 
ant. 45; confirmed. 51. | attorney, 1S4; confirmed, 186. 



Index 



321 



FJrisham, Asa. nominated treasurer,' 
33. IJT. I'll; coafiniied. 34, 127, 212., 
Briscoe, Andrew, nominated chief jus- 
tice and confirmed, 34. \ 
Brockett. William H., nominated con- 1 
sul. 2S2; confirmed, 2S3. : 
Bronaui?]!. J. C. nominated midship-; 
man. 13!'; returned to president, i 
170. i 
Brooke. .Toliii C, nominated chief jus- 1 
tice, 133. j 
Brooks. .]. W., nominated notary pub- j 
lie and confirmed, 217. i 
Broker. Jolm H., nominated consul,! 
192; confirmed. 193. \ 
Brown. George W., nominated district; 

attorney and confirmed. 301. 
BrowT>. James ]\I., nominated chief 
justice, 140: vote received. 175. j 

Brown. .Jeremiah, nominated collector! 
of customs. 4S: confirmed, 40. '■ 

Brown. .John, nominated 2d lieutenant; 
and confirmed. 130. i 

Brov.-n. .Jo'in W., nominated 2d lieu-! 
tenant. 47; confirmed, 53. i 

Brown. Joseph B.. nominated consul,! 
135; confirmed. 139. ' 

Browning. Gporce W.. nominated chief 
justice, 205. i 

Brunet, Pierre, nominated consul gen-' 
eral. 2.^1 : confirmed. 29S. | 

Brutton. Josor-h. nominated 1st lieu- 
tenant. 45; confirmed. 51. 
Brnfys. mentioned. 61. ini, 
Bryan. Austin, nominnted secretary of 

le.2;ation. 119; confirmed, 120, 
Brvan. William, nominated consul, 

119. 232; confirmed, 120. 232. 
Buckner. Benjamin P., nominated 

chief justice, 135. 
Euht. Henry C nominated 2d lieu- 

tenani. 47; confirm'xl. 53. 
Bunlcf^r. TiT^mas C. nominated notary 

public aiid confirmed. IGS. 
Bunner. Georsje C. nominated lieu- 
tenant in navy. 22r;- confirmed. 227. 
Burcress, Cliarles. nominated .2d lieu- 

tennnt. I'^l; confirnied. 194. 
Burleson. Edward, senator 3d con- 
.sjress; nominated colon p1. 12*^; con- 
firmed. 129; vice-president, 204, 230, 
2S0. 304. 
Burnet David G.. vice-president. 134. 
1S!'\ 204; actins: s*^cretarv of state. 
15S. 159. 173; actinir president. 190- 
202; mrmtioned, 11. 7s. 152. Sre alfio 
Messa2:es. 
Burnf't. R. Wallace, nominated con- 
sul. 177; confirmed. 17S. 
Burnlev. Albrrr T..* nominated com- 
missioner to nf^trotiafp a loan. 42. 
110. T^l; confirmed. 58; mentioned. 
S3. 15^. 193. 201. 215. 
Burrus. Jain«\^. nominnted 2d lieuten- 
ant. 59: confirmed. CO. 



Burton, Isaac W., nominated commis- 
sioner to treat with Indians, 20; 
confirmed, 21; senator, 2d, 3d and 
4th congresses. 

Eutterfield, C. nominated 2d lieuten- 
ant, 47; confirmed, 53. 

Butts. B. H. II., nominated 2d lieuten- 
ant. 47; confirmed, 53. 

Byrne, James W., nominated collector 
of customs and rejected, 121; sena- 
tor 5th, Gth and 7th congresses. 

Bvrne, William, nominated notary 
public, 136; confirmed, 143; nomi- 
nated district attorney, 310; con- 
firmed, 311. 

Caldwell, John, senator 9th congress. 
Caldwell, INlatthew, nominated cap- 
i tain, 126, 136; confirmed, 126, 171. 
' Caldwell, Pinckney, nominated quar- 
^ termaster, 43; confirmed, 49, 170. 
i Campbell, David W., nominated 2d 
i lieutenant, 30; confirmed, 31. 
! Camnbell, James, nominated 1st lieu- 
; tenant, 46, 126; confirmed, 52, 126; 
i nominated chief justice, 135; vote 
' received, 176. 
Capse, G. Wilson, nojninated surgeon 
I and withdrawn, 93. 
■ Carson, Samuel B., nominated 1st 
i lieutenant. 45, 136; confirmed, 51, 
I 172. 

' Case, George W., mentioned. 39. 
i Cassin, Robert W., nominated lieuten- 
1 ant in navy and confirmed, 93. 
i Castro, Henri, nominated consul gen- 
i eral and confirmed, 220. 
Catlett. Fairfax, nominated secretary 

of legation. 29; confirmed. 30. 
1 Cazneau, William L., nominated com- 
i missary general of subsistence. 136: 
' confirmed. 171. 

, Chambei-lain. Horace P.. his dismissal 
' from the army. 95. 96. 97, 98, 100, 
; 101, 104. 

: Chalmers, J. G.. nominated secretary 
j of treasury, 200; confirmed, 201. 
I Chaplin. Chichester, nominated chief 
I ju^^tioe and confirr-'^pd. 34. 
i Cl^eroicee Indians, treaty. 36-40; post- 
; poned, 41: report on. 74-79. S2; de- 
j clared null. 101; secrecy removed 
; from proceedings. 1S9. 
i C)ievallie. :M. H.. nominated 1st lieu- 
i tenant. lS-1; confirmed. 1^9. 
I Chish.olm. James H.. nominated 1st 
I lieutonant. 4C^: confirmed. 52. 
, Chisman. Francis F.. nominated sur- 

ixeon. 26; confirmed. 27. 
; CiaKt). Elisha. nominated captain. 59; 

confirmed. 60. 
■ Clark. Cliarles A., nominated 2d lieu- 
i tenant. 47: confirmerl. 53. 
Ciark. John, nominnted captain. 59; 
; confirmed. 60. 



322 



Index 



Clark. Leonard, nominated 1st lieu- 
tenant, it); contirmed, 52. 
Clark, R. V.., nominated assistant siir- 
seon. 207; nominated surgeon, 22G; 
confirmed, 227. 
Clay, W. J., mentioned. 113. 
Clement, D. F., ncininated notary 

public, 216; confirmed, 217. 
Clenients, Robert, nominated midship- 
man, 13S, 20S; returned to presi- 
dent, 170. 
Clendennin, Adam, nominated captain, 
44, 130; confirmed. 30, 130; his dis- 
missal, 95, OG, OS-101, 104. 
Clifton, John M.. nominated captain, 

45; confirmed, 51. 
Cobb, Henry A., nominated midship- 
man, KJS; returned to president. 
170. 
Cochran, Richard, nominated surgeon, 

2G, 13C; confirmed. 27, 170. 
Cccke, James H., nominated collector 
of customs, 2S2; inquiry concerning, 
284; confirmed. 29S. 
Coit, D. P.. nominated chief justice 

and confirmed, 34. 
Cole, James P.. nciiiinated notary 

public. IGS. 1S4: confirmed. 1S6. 
Coles, John P.. nominated chief jus- 
tice and confirmed, 34. 

Collins, , nominated lieutenant 

in naw, 137; returned to president, 
170. 
Collins, John, nominated chief justice, 

135; confirmed, 17G. 
Collin a:sAvorth. G. "W,. nominated col- 
lector of customs and confirmed, 
127. ! 

CoUinsworth, George ^L, nominated i 
collector of customs, 54, 195; con-; 
firmed, 55. | 

CoUinsworth. James, senator 1<=t con-i 
gress; chief justice of the Republic, 
10: nominated attorney general, 16; i 
confirmed, 17; declined, 24; de- ' 
ceased, 114. j 

CoUinsworth. John T., nominated in-| 
spedor general. 40: confirmed. 41. [ 
Colly. C. C. nominated 2d lieutenant,' 
47, 120: confirmed, 53, 128. I 

Colquohoun, Ludovic, senator 6th con-! 
gress. ! 

Commissioner eer.eral to European 
powers recomm.ended, 05. 
' Con^^ular fees to he regulated, 25S-2C0. 
Consultation, solemn declaration of. 

Conway. Thomas P.. nominated mid- 
shipman. 130: reti^rned to presi- 
dent, 170. 

Cook. Lou'.s P.. nominatf^il secretary 
of navy. 135: confirmed. IGS. 

Cooke. TT. J... notriinated chief justice, 
114: returned to president. IIG. 

Cook. William G., nominated inspector 



general, 44; confirmed. 50; nomi- 
nated general stock commissioner 
and confirmed, 93; nominated quar- 
termaster general, 114; returned to 
president, 116; renominated quar- 
termaster general, 136; confirmed, 
170; nominated colonel, 184; con- 
firmed, ISO. 
Cooper, James, nominated chief jus- 
tice, 205. 
Cordra, Nathan, nominated notary 

public, 232; confirmed, 233. 
Cortes, John F., nominated consul, 

107; confirmed, lOS. 
Corzine, Shelby, senator 1st congress; 
elected district judge. 10; nominated 
boundary commissioner and con 
firmed. 93; deceased. 144. 
Cox, Cornelius, nominated midship- 
man, 138; returned to president, 
170. 
Craddock. John R., nominated cap- 
tain. 50; confirmed. 60; nominated 
notary public, 30G; confirmed, 307. 

Qyjj^ig^ _ nominated consul, 187; 

tabled. 193. 
Craig, H. C, nominated 2d lieutenant, 
45; confirmed, 51. 

! Crawford. , mentioned, 190. 

j Creecv, J. R., midshipman, 208. 
' Crisp, Downing H., nominated mid- 
shipman, 13S; returned to president, 
170; nominated lieutenant in navy, 
207, 226; confirmed, 227; mentioned. 
25li 260. 261; letter to secretary of 
war and marine, 2G3-4. 
Crittenden, Alexander P., nominated 

chief justice. 205. 
Crockett. Robert P., nominated 2d 

lieurenant, 44; confirmed. 50. 
Crooswvck, Joshua J., nominated con- 
sul. 2S2: confirmed, 283. 
Ci-utcher, Thomas, nominated notary 

public and confirmed, 220. 
Gulp. Daniel D., nominated notary 
public, 2n2; confirmed. 284; men- 
tioned. 310. 
Gummings. Cyrus, nominated midship- 
man. V*.8: returned to president 
170;' nominated lieutenant in navy, 
207. 226; confirmed, 227. 
Cunningham. L. C, nominated notary 

public, and confirmed. 309. 
Curtis, Charles, nominated 1st lieu- 
tenant. 30; confirmed, 31. 



Daily. Andrew, nominated 1st lieu- 
tenant. 4G; confirmed. 52. 

Uaingerfield. William H.. nominated 
notary public and confirmed, 121; 
nominated commissary of pur- 
chasos. 13G; confirmed. 1G9; sena- 
tor. 5th and GTh congresses; re- 
signed. 201; nominated secretary of 
treasury. 219; confirmed. 225; nomi- 



Index 



323 



nated charge d'affaires, 2S1; con- 
firmed, coo-i. 
Eaniels. , vote received for chief 

justice, 175. 
Daniels. Joseph, nominated notary 

public, 306; confirmed, 307. 
Darnell. X. IL, mentioned, 26S. 
Dashiell. William C. V.. nominated 

collector of customs, 2S2; coolirmed, 
. 29S. 
Davidson, William F. H., nominated 

surgeon, 43; confirmed, 49. 
Davis. A. :M., vole received for chief 

justice, 175. 
Daviy, H. W.. nominated captain and 

confirmed, 130. 
Davis, James, mentioned, 300. 
Davis, J. H.. nominated major, 46; 

confirmed, 51. 
Dawson, F., mentioned, 115. 
Dearborn, :\I. H., nominated midship- j 

man. 13S; returned to president,! 



170; nominated lieutenant in navy. 



Duke, Thomas M., nominated collector 
of customs, 205; confirmed, 210. 

Dumon, :\Ialv E., nominated consul, 
282; confirmed, 283. 

Duncan, Brice C, nominated 2d lieu- 
tenant, 44; confirmed, 50. 

Dunlap, Richard G., nominated secre- 
tary of treasury, 116; charges 
against. 117, IIS; confirmed, 118; 
presents proposition for a loan, 122- 
124; nominated minister, 135; re- 
jected, 142; mentioned, 150, 154. 

Dunn. John, nominated chief justice 
and confirmed. 34; senator 2d, 3d 
and 4th congresses. 

Dunnington. William 
1st lieutenant, 45. 
51; confirmed, 172. 

Burango, mentioned. 109. 

Durker, A. K., nominated purser. 138 
returned to president. 170. 

Durst. Joseph, mentioned, 



]\t.. nominated 
136; confirmed. 



2d 



226; confirmed, 227. 
Deft'enbaux, Anthony, nominated 

lieutenant, 47; confirmed, 53. | 

Demoir, L., nominated 1st lieutenant, | 

44; confirmed, 50. | 

Devine, John, nominated 2d lieuten-j 

ant, 47; confirmed 
Dexter, P. B.. nom 



! Dyer. .John H.. nominated captain. 



confirmed. 
Earle. Paul 



60. 



H.. nominated 
231; confirmed. 232. 
Eastland, N. AV., vote received 
I chief justice. 176. 
inated lieutenant i ^^^^^^^^'^ ^^^^^^^ ^;' ^ominated cap 



surgeon, 
for 



nominated boundary 



tain, 30; confirmed, 31. 



Eddv, Timri W.. 



colonel, 136: 

commissioner. 141; rejected, 142. , ,,. ^-.. „ -, ...o 

Dexter, Thomas A., nominated consul, if^^^^^^^^' ^^'■^' confirmed, 143 
135; confirmed, 139. {Edmonds, P. nommated 

lieuten-i confirmed. 219. 

I Edson, Willis, nominated 2d lieuten 
ant, 47; confirmed. 53. 



nominated notary 
consul and 



2d 



I Ellis, Nathan D., nominated collector 
chief I o^ customs, 220; withdrawn. 221. 



129; I 



Ellis, Powhatan, mentioned, 159, 



Ellis, Richard, senator 1st, 2d, 

4th congresses. 
Ellis, Stephen IT., nominated 

public and confirmed 311. 
Ellison. SamAiel. nominated 2d 

tenant, 184; confirmed, 194. 
English, , vote received 



3d and 



notary 

lieu- 

for 



captain 



Dick, ^Michael, nominated 

ant, 59; confirmed. 60. 
Dillard, Thomas, nominated 

public. 173; confirmed. 177. 
Dinsmore. Silas, nominated 

justice, 34. 120; confirmed. 34, 

vote received, 175. j 

Dobson, George, nominated consul, I 

107; confirmed, li'^S. 
Dolem.an. John, nominated assistant 

commissary of subsistence, 55; con- 
firmed. ',(i. 
Donaldson. Wellington, nominated no- 
tary mibiic. 195. ; receiver. 178. 
Doom. R. C.. nominated collector of | English. Georcre, nominated 

customs. 48. 129; confirmed. 49. 129.! ^^^^ confirmed. 60. 
Dor, John M.. nominated commissioner! Estes. George W.. nominated li'-uten- 

to treat with Indians, 19; rejected,; nnt in navy, 137; returned to presi- 

':<■'■: sketch of, 22. I dent, 170. 

Dcrey. Fletcher, nominated surgeon, j Evans. .Tohn S.. nominated notary pub- 

137: returned to president. 170.' ! lie. 136; confirmed. 139. 

Dousrlass, Kelsey H.. nominated com-' Evans, Musgrove, nominated 2d au- 

missioner to treat with Indians and! diror. 135; confirmed, 148. 

confirmed, 22: mentioned. 78. 79, 80. ; Everitt. Stephen IT., senator 1st. 2d, 
Downing. William J., confirmed ' no-| 3d, 4th and 5th con.'rresses; letter to 

tary public, 312. ! vice-presidont. 72; rcsic:ned. 183. 

Drake. Benjamin, nominated consul. ' Ewing. A., nominated surgeon general. 

192: confirmed. 193. \ \?,: withdrav.-al requested. 57. 

DriscoU. Daniel O.. nominated 1st lieu-! Ewing. "U'iHiam IT., nominated chief 

tenant. 45; confirmed. 51. i justice, 205. 



324 



Index 



Falkner, Duke L.. midshipman, 208. I 

B'annin, J. W., mentioned, 272. | 

Farley, Henry W., nominated chief' 

justice, 140; deceased, 173. i 

Farley, Mapsillon, nominated chief, 

justice and confirmed, 34. \ 

Faro, A. v.. nominated 1st lieutenant,! 

46; confirmed. 52. 1 

Fettyplace, Thoinas .T.. nominated con- ' 

sul, 2S2; confirmed, 2S3. \ 

Fields. Fox. interprett-^r, 39. | 

T'llisola, Vir-ente, mentioned. 14. j 

Fisher. rieor'j:e. nominated notary pub- 1 

lie, 309; withdrawn, 310. \ 

Fisher, Henry, nominated purser, 26; i 

confirmed, 27. | 

Fisher. Henry, nominated notary pub- 1 

lie, 200; confirmed, 202. ; 

Fisher, Henry F., nominated consul, : 

281; confirm.ed, 29S. I 

Fisher, S. Rhoads, nominated secre-' 

tary of navy. 15; confirmed, 17; ■ 

submits list of officers. 26; case of' 

his dismissal. 73, 74, SO-83, 85, 87,1 

89-91. 92. I 

Fisher, William S.. acting secretary! 

of war. 31 ; nominated secretary of i 

war, 42; postponed. 56; nominated! 

lieutenant colonel. 12S; confirmed,! 

129: mentioned, 97. ! 

Fitch, Ben F., nominated 2d lieuten- 1 

ant, 59; confirmed. 60. i 

Flores, ]\raniiel, nominated captain,! 

44; confirmed. 50. 
Flores, Sa.lvador, nominated captain,: 
44; confirmed, 50. i 

Foote, Robert H., nominated chief jus- i 

tice and confirmed, 93. 
Forbes, John, commissioner to treat 

with Indians. 36, 39, 77, 78. 
Forbes. R. M.. nominated notary pub- 
lic, 195. 306; confirmed, 307; men- 
tioned. 216. 217. 
Forrest, .T. A., nominated midshipman. 

]39; returned to president, 170. 
Forrest, Moroau, confirmed surseon, 

27. 
Forrest, Zacharia, nom'nated midship- 
man, i:i.^; returned to president, 
170. 
Forster, Thomas G.. noniinatpd secre- 
tary of Iei::nrion. 2ri6; tabled. 211. 
Fosgate, Walter, nominated medical 

direcTor. 43: ronurined. 49. 
Fowler. Andrew .T., nominated chief 

justice, 135: vote received, 176. 
Fox, Alfred, nominated consul, 258; 

confirmed. 2<m. 
Fox. Thomas W., 'nominated consul, 

258; confirmed, 267. 
Frailey. Ceorpce C. nominated ccmrais- 
sarv of subsistt-nce, 55: confirmed, 
56. 
France, treaty with. 168, 169, 171. 



Franklin, Ben C, nominated chief jus- 
tice of the Republic, 116; resigned 
as district judge, 144. 

Freeman, Ira :M., n.oininated notary 
public, 205, 309; confirmed, 209, 309. 

Fuller, Charles F., nominated mid- 
shipman, 138; returned to president, 
170. 

Fulton. George W., nominated 2d lieu- 
tenant, 45; confirmed, 51. 

l"ulton, Lorenzo, nominated assistant 
surgeon, 44; confirmed, 50. 

Furtado, Auguste, nominated consul 
and confirmed, 311. 

Gaines, Francis T., nominated chief 
justice and confirmed, 86. 

Gaines. .James, nominated collector of 
customs, 48; rejected, 49; senator 
4th, 5th and 6th congresses; re- 
signed, 204. 

Gardiner, J. B., nominated surgeon, 

137, 207, 226; returned to president, 
170: confirmed, 227. 

Garlick, H. S., midshipman, 208. 

Garner, P. K., nominated 1st lieuten- 
ant. 46; confirmed, 52. 

General council, mentioned, 272. 

Gervais, Sinclair D., nominated chief 
justice and confirmed, 86. 

Gibbon, James E., nominated lieuten- 
ant in navy, 137; returned to presi- 
dent, 170. 

Gilchrist. R. J., mentioned, 292. 

Gilder, John S., nominated 1st lieu- 
tenant, 46; confirmed, 52. 

Gilland, Benjamin Y., nominated lieu- 
tenant colonel, 46; confi.rmed, 51. 

Gilland, C. D. O., nominated 1st lieu- 
tenant. 45; confirmed, 51. 

, Glllon, Benjamin Y., nominated cap- 
tain, 136; confirmed. 170. 

' Gilmer, Thomas W.. nominated cora- 

i missioner to negotiate a loan, 42; 
confirmed. 58; mentioned. 83. 

Glenn, William E.. nominated mid- 
shipman, 138; returned to president, 

I 170. 

; Gog2;in, James ^L, nominated 1st lieu- 
tenant. 184: confirmed, ISO. 
Good. Hannibal, nominated captain 

i and confirmed, 60. 

; Goodall. . nominated 1st lieu- 
tenant and confirmed, 130. 

! Goodall, A. G., midshipman, 203. 

i Goodloe, , nominated 1st lieu- 
tenant. 59; confirni'-d, 60. 

' Goodman, W. B., nominated chief jus- 
tice, 205. 

! Gordon, Thomas G.. nominated notary 

i public, 184; confirmed, 186. 

: Gcssett. Elijah, nominated chief jus- 
tice. 205; vote rtH^'ived, 176. 
Gossett. J., nominated 1st lieutenant. 
59; confirmed, 60. 



Index 



325 



, 1 



Gould, Charles, nominated midship- 
man. lo9; returned to president, 
170. 

Gciild. C. M., noniinared district at- 
torney and conflrmr-d. 168. 

Grn.beau. Tlieodore. nominated notary 
public. 1S4; confinricd. l^^G. ! 

Graham. -. nominated consul.] 

177. , 

Grant. .Tames, mentioned, L!i2. , 

Grash. Henry L., nominated 1st lieu-| 
tenant. 4G; confirmed. 52. | 

Gray. Alfred G., nominated lieutenant ! 
in navy. 207. 22^; confirmed, 227. | 

Gray, F. P.. nominated captain, 46; i 
confirmed. 32. ! 

Gray. Peter W.. nomiriated district at-' 
tornev\ 21)5, 216, 301 : confirmed,! 

210. 217. nci. ■ I 

Gray, W. Fairfax, secretary of senate, i 
7«>. lOG; nominated notary public, 
114. 120: returned to president. 116; 
confirmed. 120; nominated district 
attorney, 1S4; confiimed. ISS. 

Grayson, , voce received forj 

chief justice, 176. j 

Grayson, Peter ^y., nommated attor-' 
ney ft-eneral. 42; confirmed, 54; uom- ; 
inated navy as;ent and confirmed. ' 
93. I 

Great Britain, treaty of commerce | 
with. 105. 107; convention relative j 
to mediation. 106. 201, 210; treaty! 
concern Ins; African slave trade, 215, , 



217, 

G^een. 

2 so. 
Green. 

dier 

at or 
Greer. 

5th. 



Thomas, 



secretary of senate, 



Thomas .J., nominated briga- 

cieneral and r^^jected, 35; sen- 

2d congress; unseated, 70. 

John A., senator 2d. 3d, 4th, 

6th. 7th. Sih and 9th congresses. 



Grev, .Tohu. nominated major, 46; con- 
firmed. 51. 

Grimes, .Jesse, senator 1st. Sth and 
Otli congresses ; mentio!HHl. GO. 

Grush. If. L.. nominated 2d lieutenant, 
136; confirmed, 172. 

Haas. G. H., nominated 1st lieutenant. 
46; coi;firnnHl, 52. 

Ha crier. Lindsay, nominated captain, 
45; confirmed. 51. 

Hall. J. .T. y].. nominal ed captain, 46; 
confirmed. 52. 

Hall. .Tohn !M.. nomin.ued 1st lieuten- 
ant. 45; confirmtHl. 51. 

Halsrp;ul. R. T.. nominated midship- 
man, 139; returned to presid';nt. 
170. 

Ham))ura:. treat v with, 306; tabled. 
311. 

Hamilton. .Tam<^s. niinoinitMl nssistant 
commissioner of loans. 101; nomi- 
nated commissioner of loans. 119, 
24 — Lib. 



184; confirmed. 120; nominated 
peace comni'ssioner an<l confirmed. 
167; nominated v-ommissioner to 
Holland, 1S4; concluded treaties 
with En.ulond, 105, 196, 215; con- 
cluded treaty with Netherlands. 
ION; nominated minister, 199; con- 
firmed, 200; submitted draft of com- 
mercial project with Belgium, 221- 
223; secret joint resolution concern- 
ing, 315; mentioned. 71, 158, 166, 
193>. 196, 197, 201. 215, 216, 218. 

Hamilton. James D.. nominated con- 
sul. 107; confirmed. lOS. 
Hamilton, Job.n. nominated notary 
pubUc. 200, 210;' confirmed, 202. 

Hamilton, M. C., acting secretary of 

war and marine; report on navy, 

251-254; letter to E. W. :\loore. 265; 

mentioned, 261. 263, 265. 308. 

Hamilton. Robert, nominated chief 

justice and confirmed, 34. 
Hamilton. Tlionms L., nominated 
consul, 110; confirmed. 120. 

Hamilton. William 1> . nominated con- 
sul and confirmed. 232. 

Hammelven, George L.. nominated sec- 
retary to commissioner to Mexico, 
135. 
Hanseatic re]')u])lics. See Bremen, 

Hamburg, and Lubeck. 
Hansford. John ?^L. vote received for 
district judge. 144. 174; impeach- 
ment of, 214. 
Hf rrington. E. B.. nominated midship- 
man. 138; returned to president. 

I 170. 

j Harrison. C. L.. nominated inspector 

I general. 109. 

j Harrison. Edward A., nominated lieu- 

i tenant in navy. .137; returned to 

I i)rp'^ident. 170. 

j Harrison. John W.. mentioned. 218. 

I ILarry, .Tohn H., nominated captain. 

I 46; confirmed. 52. 

' Hart. William, nominated chief jus- 

! ticp, 135: vote received. 175. 

j Hnrt field. . vote received for 

! chief justice. 175. 

j Tfrirvey. Thomas, nominntpd notary 

i public. 114. 129. 192. 268, 309; re- 

I turned to pr^-^^ident. 116; confirmed. 

j 129. 193. 268. 310. 

i Hawkins. Charles E., confirmed post 

; captain. 27. 

\ Hay. Samuel D.. nominated notary 

I pu])]ic. 3''*6: confirmed, 307. 

; Hnvflen. John, nominated notary pub- 

] lie. 145; confirmefl. 146. 

i Hayes, Jolin, nominated cliief justice 

i and confirnied. 86. 

i ITemnliill. John, vote received for 
chief iu-^ticf*. 174. 
Hi n'bM-sbot, John S.. nominated ca[i- 

: tain. 11; confirmed. 50. 



326 



Index 



Henderson, George, nominated lieu- 
tenant in navy, 137; returned to 
president, 170. 

Henderson, J. Pinckney, nominated at- 
torney general and confirmed, 24; 
nominated secretary of state, 42; 
confirmed, 54; nominated agent to 
Great Britain. 5S; negotiated treaty 
with P'rance, 169, 171; mentioned, 
173. 

Henderson, J. W., vote received for 
county surveyor, 174. 

Henderson, William F., nominated dis- 
trict attorney, 1S4; rejected, 1S6. 

Herckenrath, Lewis J., nominated con- 
sul and confirmed. 232. 

Herndon, Robert S., nominated col- 
lector of customs. 309; confirmed, 
310. 

Herring, William, nominated notary 
public and confirmed, 220. 

Hewes, Samuel, nominated commis- 
sary of purchases, 44; confirmed, 50. 

Hicks. A. O. W., nominated notary 
public, 309; confirmed, 310. 

Hill. George W., nominated secretary 
of war and marine. 276; confirmed. 
277; report on navy, 2S5-2S7. 

Hill. William G.. senator 1st congress. 

Hinton, A. C. nominated commander, 
137; returned to president, 170. 

Kockley, George W., accompanied 
Santa Anna to Washington, 2S; 
nominated colonel of ordnance. 40; 
confirmed, 11; nominated secretary 
of war, 113. 211; returned to presi- 
dent, 116; confirmed, 212; men- 
tioned, 39. 

Hodge, John L., nominated consul, 
107; confirmed, 108. 

Hogg. J. L.. mentioned, 300. 

Holland. John, nominated district at- 
torney, 200; withdrawn, 201. 

Holliday, Jolm, nominated captain, 46, 
130; confirmed. 52, 130. 

Holman. Sanford. nominated collector 
of customs, 231; confirmed, 232. 

Holt. David, nominated notary public. 
135; confirmed. 139. 

Hopkins. James E.. nominated 2d lieu- 
tenant. 59; confirmed, GO. 

Hornsby. C. H., nominated 2d lieu- 
tenant, 136; confirried. 172. 

Horton, Alexander, nominated col- 
lector of customs. 114; returned to 
president. 116; mentioned, 39. 

Horton, Alexander, nominated lieu- 
tenant colonel. 59; confirmed. 60. 

Horton. Alexander C, senator 1st and 
2d congressps. 

Houehton. William D.. nominated 1st 
lieutennnt. 136; confirmed. 172. 

Houston. Sam. commissioner to treat 
with rherokoe ln<lir,ns. 36. 39. 77. 
78: letter to Andrew .lackson. 12, 28; 



letter in regard to S, Rhoads Fisher, 
82; mentioned, 97, 98, 100. See aluo 
Messages. 

Howard, George T., nominated cap- 
tain, 45, 136; confirmed, 51, 170. 

Howard, John C, nominated 2d lieu- 
tenant, 184; confirmed. 194. 

Howland, , vote received for 

register, 178. 

Iloyle, Josiah, nominated midship- 
man, 138; returned to president, 
170. 

Hoyie, Stephen Z., secretary of senate, 
230; president's private secretary, 
308. 

Hubert, John, nominated district at- 
torney, 114; returned to president, 
170. 

Hudson, H. C, nominated district at- 
torney and confirmed, 33, 

Hudson, J. P., vote received for sur- 
veyor, 177. 

Hufton. W., nominated 2d lieutenant 
and confirmed, 180. 

Hughes. Samuel, nominated collector 
of customs, 127; confirmed, 128; re- 
signed, 173; nominated notary pub- 
lic, 189; tabled, 193. 

Kulrae. Rob S., mentioned, 293. 

Humphreys, J, W., confirmed lieuten- 
ant in navy, 27. 

Humphries, , mentioned, 99. 

Hunt, Memucan, nominated minister, 
43; confirmed, 57; nominated secre 
tary of navy, 117; nominated 
boundary commissioner, 143; con- 
firmed, 144. 

Hunter, William L., nominated chief 
justice, 88; confirmed. 89; resigned. 
206; senator 8th congress. 

Ilurd. James G., nominated lieutenant 
in navy, 54; confirmed, 56. 

Plurd. Norman, nominated purser, 26, 
138, 207, 226; confirmed. 27, 227; 
returned to president, 170; men- 
tioned, 257. 

Hurt. William ]\I., nominated collector 
of customs, 282; confirmed, 298. 

Huston, Felix, nominated brigadier 
general, 35; confirmed. 40; men- 
tioned, 48, 65. 

Hutawa. Edward, nominated consul. 
216; confirmed, 21Y. 

Hyde. Samuel N.. norninnted notary 
public, 306; confirmed, 307. 

[James, Basil G.. nominated notary 

public, 258; confirmed. 267. 
Ikm. Arthur, nominated consul and 

confirmed, 202. 
Ii.'urpfndcnce. mentioned, 27, 60. 
Indians, commissioners to treat with 

19, 20. 22; treaty with Cherokees. 

36-40; treaty with Tonkaways. 103. 

10',: treaty made at Bird's Fort, 



Index 



327 



288-293; treaty made at Tebuacana [ 

creek, :Wo; Mexican allies, 1S5, 250; j 

Texan allies, 250, 251. 
Ingram, Ira, mentioned, 315. 
Invintihle, mentioned. 60. 
Irion, Robert A., senator 1st congress; 

nominated secrerarv of state and 

confirmed, b.7; meuiioued, 106, 109, 

110. 
Irvine. R. Boyd, nominated major, 45; 

contirmed, 51. 

Jack, Patrick C, nominated district! 
attorney, 177. 205; confirmed, 178. j 

Jack, William H., senator 6th, 7th and j 
8th congresses. 

Jackson, Aldin A. :^I.. inspected Gal- 
veston custom house, 141; nomi- 
nated collecror of customs. 141, 147; 
"Withdrawn. 14:'; confirmed. 147. 

Jackson, Audvew, lener to Sam Hous- 
ton, 12, 13; letter to Santa Anna, 11, 
13. 

Jackson, Calvin C. nominated consul, 
192; confirm'?d, 193. 

Jamieson, John D.. nominated 2d lieu- 
tenant, 45; confirmed, 51. 

January, James B. P.. nominated sur- 
geon, 43; confirmed. 49; nominated 
captain. 136; confirmed, 171. 

Jaques. Gideon R., nominated notary 
public, 306; confirmed. 307. 

Jennings, John R.. nominated 2d lieu- 
tenant, 47; confirmed, 53. 

Jevans. nominated captain, 45; con- 
firmed, 51. 

Jewett. Henry J., nominated district 
attorney, 1S4; confirmed. 186; sec- 
retary of senate, 304; mentioned, 
307, 309. 310, 312. 

Johns, Edward, midshipman, 208. 

Johnson, , mentioned, 272. 

Johnson. Benjamin F.. nominated 
treasurer. 206; confirmed. 209. 

Johnson. B. H.. nominated assistant 
adjutant general, 136; confirmed, 
170. 

Johnson, Hugh B., nominated chief 
justice. 135; rejected. 140. 

Johnson, .Tames B., nominated notary 
public, 184; confirmed, 1S6. 

Johnson. J. D.. nominated lieutenant 
in navv. 137; returned to president, 
170. I 

Johnson, Moses, nominated treasurer,! 
3 OS. ! 

Johnson. Robort, nominated chief jus- 1 
tice. liO. I 

Johnson. R. D.. nominated rotary pub- i 
lie. 114: r*-nurned to president. 116: j 
vote receivr-d for'chipf justice, 175. [ 

Johnson. Thomas, nominated 2d lieu- j 
tenant. 1^1; confirmed. 191. j 

Jolmson. Thomas, nominated district i 
attorney and confirmed, 301. I 



Johnson, William F„ nominated no- 
tary public, 205; confirmed, 210. 

Johnston, Albert Sidney, nominated 
brigadier general, 40; confirmed, 41; 
nominated secretary of war and con- 
firmed. 117. 

Jones, Anson, senator 4th and 5th 
congresses; nominated minister, 
113; returned to president, 116; 
nominated secretary of state, 211; 
confirmed, 212. Sen also Messages. 

Jones. Archibald, nominated notary 
public, 310. 

Jones, Edward S., nominated 2d lieu- 
tenant, 184; withdrawn. 191. 

Jones, F.. nominated 1st lieutenant, 
46; confirmed, 52. 

Jones, G. B., nominated 1st lieutenant, 
46: confirmed, 52. 

.Tones. John Rice, nominated postmas- 
ter general and confirmed, 159. 

Jones. Oliver, senator 3d, 4th, 6th and 
7th congresses. 

Jones. Simon L., nominated notary 
public. 2S2; confirmed, 299. 

Jones, William J., voie received for 
district judge. 144. 

Jordan, Sam W.. nominated captain, 
46; confirmed, 52. 

Jouitt, Thomas, nominated 1st lieuten- 
ant. 59; confirmed, 60. 

Jowers, , vote received for reg- 
ister. 178. 

Joy, Cyrus, nominated consul, 135; 
rejected, 172. 

Julius Caesar, mentioned, 60. 

Karnes. Henry W.. nominated colonel, 
44; confirmed. 50; concluded treaty 
v.-ith Tonkaway Indians. 102-103. 

Kaufman, David S., senator 8th and 
9th congresses; mentioned, 297. 299. 

Ixeating, John, nominated 1st lieuten- 
ant, 44; confirmed, 50. 

Ivellogg. Ralph, nominated consul, 114; 
returned to president, 116. 

Kelton. O. P., nominated notary pub- 
lic and confirmed, 121. 

Kendrick, Harvey, senator 3d, 4th and 
5th congresses. 

Kennedy, E. P.. nominated lieutenant 
in navy, 207. 

Kennedy. E. C, nominated lieutenant 
in navv. 137; returned to president, 
170. 

ICrnnedv. William, nominated consul 
general and confirmed, 220. 

Txenneymore, J. C. P., nominated 1st 
liouienant and confirmed, 130; 
nominated captain. 136; confirmed. 
171. 

Kerley, William, nominated 1st lieu- 
tenant and oonfirmnd. 130. 

Kerr. David, nominatod purser. 138; 
returned to president. 170. 



328 



Index 



King 
King 

MO; 
King. 

ant, 
Kinney 



, mentioned, 272. 

H. B.. noniinaied chief justice, 
vote received, 17C. 
Sainuel. nominated 2d lieuten- 



Lewis, Daniel, nominated 2d lieuten- 
ant, 13(!; confirnie<l, 172. 
Lewis, James J., nominated midship- 
9; returned to president. 



; confirmed. ~,?j. \ 

H. L., senator 9th congress.: 
Kiiitzir,g, Matrhcw R.. nominated mid- 
shipman, 139; returned to president, 
170. 
Knight. Isaac D.. nominated surgeon, 

137; returned to president. 170. 
Kyger, D. J., nominated 2d lieutenant. 
47; confirmed, 53. 

La Branche, Alcee, mentioned, 106, 

109. 
Lamar, T'Jirabeau B., vice-president. 

10; recalled to his post, 71, 72; asks 

for leave of absence, 190. See also 

Messages. 
Lambert, Francis, nominated assist- 



man, i. 
170. 

Lewis, ^L B., vote received for chief 
Justice. 173. 

Lewis, Nathaniel, mentioned, 104. 

Lewis, William G., nominated sur- 
geon, 43; confirmed, 49. 

Lipscomb. Abner S., nominated secre- 
tary ot state, 174; confirmed, 177. 

L'Ving, Tliomas H.. nominated purser, 
2G; conlirmed, 27. 

Lloyd, Daniel, nominated sailing mas- 
ter, 138; returned to president, 170. 

Loan commissioners, instructions, 
IGO, IGl. 

Lockhart, Levi P., nominated captain, 
43; confirmed, 51. 

Long, Gabriel, nominated quartermas- 



ant Jur-^.oon, 1?^: ^-^turned u nresi- 1 ter. 43; confirmed, 49. 
dent, 170. | Lothrop, John T. K., confirmed lieu- 

Landprs. Ilillequest. iiominated ouar-i teiiant in navy, 27; nominated com- 
termaster, lOi): nominated commis-l 



mander, 137, 207, 226; returned to 
president, 170; coniirmed, 227. 

Love, John G., nominated collector of 
cuatoias, 34; conlirmed, 33; vote re- 
ceived for district .judge, 174. 

Lubbock, F. R., nominated comp- 
troller. 100, 211: confirmed, 100, 212. 

Lubec, treaty with, 306; tabled, 312. 

Liickie. Samuel H.. senator 9th con- 
gress. 

laimpkin, P. O., nominated chief jus- 
tice, 120: confirmed, 129. 

Lusk, George O., nominated chief jus- 
tice and confirmed, 34. 

Lusk, Robert O., nominated captain, 
nominated captain,! 30; confirmed, 31. 
71. i Lynch, A., nominated 



su'rgeon, 43; 



sarv of subsistence, 136: confirmed. 
170. 

Landrnm, Willis H., senator 1st con- 
gress. 

Lane. Cornelius, nominated notary 
public, 184: confirmed. 1S6. 

Lane. George, nominated district at- 
torney, 114; returned to president. 
116: nominated notary public and 
confirmed, 220. 

Lansing, J. P., nominated lieutenant 
in navy, 207, 22G: confirmed, 227. 

Laughlin, D.. nominated notary pub- 
lic and confirmed. 220. 

Lawrence, G. F 
136; confirmed 

Lawrence. William, nominated quar-i confirmed, 49; killed, 99. 

termaster. 43; confirmed. 49: sena-' Lynch. X., nominated lieutenant colo- 
tor 7fh. f^th and 9th congresses; i nel, 43; confirmed, 51. 
mentioned, 1G3. | 

Lee. Joseph, nominated chief justice, j Mnbbitt, . vote received for re- 

205. I ceiver, 17vS, 179. 

Leech, Rirhard H.. nominated sur-j Ma!)ray, .Tames L., nominated midship- 
geon, 137: returned to president, I man, 13S; returned to president. 
170. • 170. 

Leftwich. Thomas, nominated captain, ! McCaskey, nominated captain, 45; 
46; confirmed, 32. | confirmed, 51. 

LcGrand. E. O.. nominated chief jus-!McClung, Joseph W., nominated no- 
tary public, 1S4: confirmed, 1S6. 
McClure. Alexander E., nominated no- 

tarv public and confirmed, 221. 
McClure. D. B.. nominated chief jus- 
tice and confirmed. 34. 

nominated captain, 



lice, 107. 

Lemon, .Tohn. nominated 1st lieuten- 
ant, 45; confirmed. 31. 

Leonard, George, nominated 2d lieu- 
tennnt. 45; confirmed. 31. 

Lester. James S.. spnator 1st, 2d. 4th I McClure, John, 
and nth congresses. . j 46; confirmed, 52. 

Lewis. Armstrong J., nominated mid- ; "McCreary. James K., senator 9th con- 
shipman. 139: retiirned to presi- ' gress. 

dent. 17^: nominated lientennnt in i McCutcheon. William L.. nominated 
naw. 207. 226; confirmed. 227. 2d lieutenant. 43; confirmed, 51. 



Index 



329 



McDonald. A. S., nominated chief jus- 
tice, 'J05. 

Mci'iirland. Thomas, senator 6th con- 
gress. 

McParland, Wiiliairi, nominated chief 
justice and confirmed, ^4. 

McKarhme. Alexander C, secretary of! 
senate, 204. \ 

Mci'arlane, Dusald, nominated cap-j 
tain, 44; confirmed, 50. j 

McFarlane. Samuel P., nominated no- 1 
tary public and confirmed, 220. ! 

McFarlanu, W. W., nominated mid- i 
shinraan, ViS: returned to president,! 
170. I 

Mc(.^affey. Otes, nominated notary 
public, 306. i 

iMcGaffey. \V3'att, nominated notary! 
public^ 232; confirmed, 233. ! 

McGiiee. John G.. nominated major,' 
59; confirmed, 60. | 

McGovan, IMathew, nominated 1st lieu-S 
tenant. 45; confirmed, 51. 

McGovern, Matthew, nominatpd 2d 
lieutenant. 136: confirmed. 172. 

rtlcGreal, Peter, nominated notary; 
[)ul)lic, 1S4; confirmed, 186; nonii-' 
nated district atiurney, 206, 215. 
282; confirnied. 2t)^X 217, 2S4; meii- 
tioned, 216. ; 

]\IcGuffy. Alexander, nominated con- 
sul, 205; confirmed. 209. 

]\rcHenry. Jolin, nominated chief jus- 
tice and confirmed, 34. 

McHenry, Samuel, nominated chief 
justice, 205. 

Mclntire. Thonoas H., nominated chief 
justice, 135. 

Mclntire, W. H., nominated chief jus- 
tire and confirmed, 34. 

Mcintosh, Geor.^e S.. nominated secre- 
tary of legation and confirmed, 65: 
nominated charge d'affaires, 206; 
confirmed. 211. 

McKinstry. Geor.ge B., nominated chief 
justice and confirmed. 34. 

?.IcT.anghlin, , nominated 2d 

lieutpua'it an.d confirmed, 31. 

McLeod. IIus:h. nominated adjutant 
general, 136: confirmed, 169; nomi- 
nated adjutant cah\ inspector gen- 
eral. IS 4: confirmed. 189. 

McLeod, John D.. secretary of senate. 

3d. 4th and 5th congresses. 
M<"Malian. Thompson H., nominated 
notary public. 216; confirmed, 217. 

McNeill, F. B., nominated midship- 
mnn, 139; returned to president, 
170. 
McNeill, IT., vote received for sur- 
vey or, 177. 

Marion. Georee G.. nominated lieuten- 
ant in navy, 137; r»^turned to presi- 
dent, 17'"i. 

Marshall, Sam B., mentioned. 292. 



},Iartin. George L., nominated notary 
public. 301, 306; confirmed, 301, 307. 

}.I;irtin, J. B., nominated 1st lieuten- 
ant, 184; confirmed. 189. 

-Martin, Wyly, resignation as chief 
justice, 206; senator 6Lh congress; 
deceased, 204. 

J?'ii.son, Charles, chief clerk of war de- 
partment, 97-99: nominated 1st au- 
ditor, 135, 3i^N; contirmed, 139. 
>Maulding, J. W., nominated notary 
public and confirmed, 301. 

^laury, "William F., nominated purser, 
138, 2u8; returned to president, 170. 

ilavericlv. S. A., mennoned, 3u0. 

3*fellus. James, confirmed lieutenant in 
navy, 27. 

i\^enar!]. Michael B., nominated com- 
missioner to treat with Indians, 25; 
confirmed, 27. 
Menchaca, Antonio, nominated cap- 
tain, 44; confirmed, 50. 
Menefee, John S., nominated notary 

public and confirm':\d. 220. 
J\lenefee, William, nominated chief 
justice and confirmed, 34; nominated 
secretary of treasury, 190; with- 
drawn, 194. 
Merriman, F. H., nominated district 

attorney and confirmed, 301. 
^[essages of President Houston (firs' 
term) : 

In regard to annual message, SS; 
charges against S. R. Fisher. 82; 
dismissal of orlkers, 96; miiiir>ter to 

i United States, 57; release of Santa 
Anna, 28; retention of J. D. Boy- 

' Ian. 102. 

Nominating auditor, 33. 93; 
boundary commissioner, 93. 113; 

; cabinet officers. 15, 16, 24, 41. 42, 

' 87. 93. 113: captain of TerriUe. 29; 
chief justices, 34. ^(^. 87, SS, 93, 101, 
107, 114; chief justice of Republic, 

J 114; collectors of customs. 48. 54, 
114: commissioner, 32; commis- 

j sioner to Great Britain, 58; commis- 

I sioners to treat with Indians, 19, 20, 

i 22: comptroller, 93. 100; consuls, 31, 

I 107. 113, 114; district attorneys. 32, 

; 92. 94, 107, 114: loan commissioners, 

I 25. 42. 110; military officers. 30. 35. 

! 40, 43, 55, 59. 64, *66. 93. 109. Ill; 

I minister to United States. 23. 43. 57, 

; 113: navy agent. 93: navy oiucers. 

i 25. 26, 54, 93; notaries public. 114; 

i recess appointments, 113; secretary 

I of legation. 29. 64, 114; stock cora- 

: missioner, 93, 114; treasurer. 33. 

! Submitting revocation of block- 

! ade. 18. 

I Transmitting documents concern- 

1 ing Santa Anna. 11, 14. 28; boundary 
convention witli United States. 110; 

I claims convention with United 



330 



Index 



states, 106; report of secretary of 
state, 116; treaty with Cherokees, 
35; treaty with Tonkaways, 102. 

Vetoing joint reso'urion for benefit 
of Texan prisoners, 60. 

— of President Lamar: 

In regard to collector of customs 
(Galveston), 141; relations with 
Mexico, 148, 1S5. 

Nominating auditor, 127, 134; 
boundary commissioner, 135, 141, 
143; cabinet officers, 117, 135, 146, 
159, 173, 100, 205; charges d'affaires, 
177; chief justices, 119, 135, 140, 
168, 173; collectors of customs, lll\ 
120, 127, 136, 147, 173; commissioner 
to Mexico, 135; consuls, 167, 187, 
205; district attorneys, 120, 136, 16S, 
177; comptroller, 127; consuls, 119, 
135, 177; loan commissioner, 119, 
129; military officers, 126, 12S, 130, 
136; minister to United States, 135, 
160; navy agent, 127; navy officers, 
137; notaries public. 120, 135, 136, 
140, 145, 168. 173, 189; peace com- 
missioner, 167; recess appointments, 
135, 184; secretary of legation, 119, 
161; stock commissioner, 140; treas- 
urer, 127. 

Transmitting documents, 187; 
proposition for loan, 121; treaty with 
France, 168. 

Withdrawing nominations, 143, 
170. 

— of Acting President Burnet: 

Nominating cabinet officers, 190, 
200; collector of customs. 195; con- 
suls, 192, 202; notaries public, 192, 
195; minister to Great Britain. 199. 
Transmitting treaty with Great 
Britain, 195; convention with Great 
Britain. 196. 

Withdrawing nominations, 191, 
201. 

— of President Lamar (continued") : 
Nominating attorney general, 209; 
charges d'affaires, 206; chief jus- 
tices, 205; collectors of customs, 
205; district attorneys, 205. 206; 
navy officers, 207; notaries public, 
205. 210; recess appointments, 205; 
secretary of legation, 206; treas- 
urer, 206. 

— of President Houston (second term) : 
In regard to annexation, 294; 
navy, 244, 260. 285: r-elations with 
Mexico. 249. 269: removing injunc- 
tion of secrecy. 282, 

Xominnting cabinet officers. 211. 

219. 276, 2*^1: charges d'affaires. 213. 

220. 227, 2S1, 306; collectors of cus- 



toms, 211, 220, 231, 282; comptroller, 
211, 231; consuls, 219, 220, 237, 281, 
282; district attorneys, 216, 231, 258, 
282, 301, 306; military officers, 214, 
231; ministers to United States, 
211; navy officers, 226, 231; notaries 
public, 216. 220 221, 232, 267, 268, 
j 282. 301, 306; recess appointments, 
} 306; secretary of legation, 232; 
treasurer, 211. 

Transmitting commercial project 
with Belgium, 221; treaty with- Han- 
seatic republics, 205; treaty with 
Great Britain, 214; treaties with In- 
dians, 288. 306; treaty with United 
States, 233, 276. 

Withdrawing nominations, 213. 
217, 221. 

— of President Jones: 

In regard to Mier prisoners, 308. 
Nominating cabinet officers, 308; 
collectors of customs, 309, 310; con- 
suls. 311; notaries public, 309, 310, 
311. 

Withdrawing nominations, 310. 

r^Iexican bond holders, mentioned, 164, 
165. 

Mexican prisoners. See Santa Anna. 

IMexico, joint resolution authorizing 
an expedition against, 66, 67; meas- 
ures for establishing peace, 148-159; 
secret joint resolutions in regard to 
peace, 161, 164. 165, 166, 185, 192, 
193; report of committee on foreign 
relations, 102; efforts to employ In- 
dians. 185; messages in regard to, 
249, 269. 

Mier prisoners, mentioned. 308. 

l^Jilara, Benjamin, mentioned, 22. 

^vliles, George W., nominated chief 
jiistice, 173; vote received, 175. 

IMillard. Henry, nominated commis- 
sioner to treat with Indians and con- 
firmed, 22; nominated chief justice 
and confirmed. 86; vote received, 
175; mentioned. 39. 

]^.liller. .Tames B., senator 5th congress; 
nominated secretary of treasury, 
281; confirmed. 283. 

Miller, .John, nominated 1st lieutenant, 
44; confirmed, 50. 

Thriller, S. L., midshipman. 208. 

Miller, W. D., mentioned. 213, 231, 281, 
305. 

sillier. William P., nominated chief 
justice. 135; vote received, 176. 

]\!)tchell. Nathan, nominated 2d lieu- 
tenant, 30; confirmed. 31. 

I\Iix. T. ]\L. nominated lieutenant In 
navy, 137; returned to president, 
170. 

!irixon. Sam B.. nominated 2d lieuten- 
ant, 45; confirmed, 51. 



Index 



331 



Moncur, James, nominated captain, 
45; confirmed, 51. 

Money, John H., nominated chief jus- 
tice, 107; confirmed, lOS. 

Monroe. See -Munroe. 

Montague, Daniel, nominated notary 
public, 232; confirmed, 233. 

Montczn.-na. mentioned, 2G3. 

Montg-oiiiery. R.. lionunared assistant 
surgeon, 31, 44; confirmed, 31, 50. 

Moody. John W., nominated auditor, 
33, 127; confirmed. 34, 127. 

Moore, A., nominated lieutenant in 
navy, 137; returned to president. 
170. 

Moore, Edwin W., nominated post cap- 
tain. 137, 207, 226; returned to pres- 
ident, 170: confirmed, 227; message 
on, 245-249: report on, 251-254; let- 
ter to secretary of ""var and marine, 
254-257, 263; "mentioned, 260, 261, 
264. 

Moore, Francis, senator 4th, 5th and 
6th congresses. 

Moore. William H.. nominated 1st 
lieutenant and confirmed, 31. 

Moran, IMartin, nominated 1st lieu- 
tenant, 136: confirmed. 172. 

Morehouse, Edwin, senator 1st con- 
gress; nominated adjutant general, 
40: confirmed, 41. 

Morelnnd. , vote received for 

chief justice, 176. 

Mnreland, T. X., vote received for chief 
justice. 175. 

Moreland. Joseph, nominated notary 
public, 145: confirmed. 14)3. 

Morgan. George W., nominated 1st 
lieutenant. 44; confirmed. 50; nomi- 1 
nated captain, 136; confirmed, 171.! 

Morenn. James, nominated navy agent I 
and confirmed, 127. j 

Morgnn. J. C, nominated 2d lieuten-| 
ant. 1S4; confirmed. 194. 

•Morgan. Thomas J., nominated bri- 
gade inspector. 66. 

Mori'an. T, Jofforson. nominated cap- 
tain. 46: confirmed. 52. 

Morrill. Amos, nominated notary pub- 
lic and confirmed, 220. 

Morris. F. A., nominatpd attorney gen- 
eral and confirmed. 209. 

STcrris, John D.. nominated district 
pHorney. 121. 177; confirmed, 121. 
17^. 

^Torris, Richard, nominated district 
jndo-e. 205. 

Morris, Robert C, mentioned. 272. 

Morrison. Hwynn. nominated notary 
public. 136; confirmed. 143. 

Morse, Charles De. nominated assist- ( 
ant inspector gpneral. 44; con- 1 
firmed. 50: nominated stock com-! 
missioner. 140. 1 



Mott, John, nominated chief justice 
and confirmed, 34. 

Munroe, r3aniel, nominated captain 
and confirmed, 31; case of his dis- 
missal, 95, 100, 101, 104. 

Muhson, Henry J., senator 9th con- 
gress. 

rviurphy, Daniel, nominated 1st lieu- 
tenant, 46; confirmed, 52. 

Mnrphy, David, vote received for chief 
justice, 176. 

Murphy, .Joseph, vote received for 
chief justice, 175. 

]\Iuse, K. H., senator 5th. 6th and 7th 
congresses. 

Myres. ^\'illiara, nominated notary 
public, 136; confirmed, 139; men- 
tioned, 210. 

Nash, James P., nominated notary 
public and confirmecl. 301. 

Navarro, Jose Antonio, mentioned, 
2S7. 

Navy, raising funds for, 83, S4; agent 
to purchase, S3. S4; contract with 
F, Dawson, 115; purchase of steam 
vessel, 120; purchase of vessels cap- 
tured by France, 127; message, 244- 
249; report on, 251-254; letter from 
E. W. IMoore, 254-257; message, 260- 
263; sale of, 265. 266, 268, 269, 277, 
2S1. 282, 283, 316-317; condition of, 
285-287. 

Neighbors, Robert S., nominated 1st 
lieutenant. 136. 

Neill, Andrew, nominated captain, 46; 
confirmed, 52. 

Nelson, , vote received for sur- 
veyor, 179. 

Nelson, D. S.. nominated captain, 45; 
confirmed. 51. 

Netherlands, treaty with, 198. 199. 

Newcomb. Thomas, nominated district 
attorney. 310. 

Nev.'iands, John A., nominated notary 
public, 114; returned to president, 
116. 

Nicliol, Walter A., nominated midship- 
man. 138; returned to president. 
170. 

Nicol. ,S!pe Nichol. 

Niles. J, W. J., vote received for pub- 
lic printer. 145. 

Norton. James, nominated notary pub- 
lic, 184; confirmed. 186. 

Ochiltree. \Yilliam B.. nominated sec- 
retary of treasurj', 308. 

O'Connell. William, nominated notary 
public. 205. 

Ogden, D. C. nominated 1st lieuten- 
ant. 136; confirmed. 172. 

Ogden, Francis B.. nominated consul, 
258; confirmed. 267. 



332 



Indf.x 



Ogden. Frederick \V., nominated dis-| 

trict attorney, l?,6; confirmed, 139, | 
Ogden, J. M., nominated district at- 1 

torney, 216; confirmed, 217. i 

Oliver, Robert, nominated paymaster,! 

43; confirmed, 49. * i 

Oliver, Roljert, nominated purser, 138; i 

returned to president, 170. ! 

Oliver, William, nominated midship- i 

man, 13S; returned to president,! 

170; nominated lieutenant in navy, | 

207. 22G; confirmed, 227. i 

O'Neill. AVilliam, nominated 2d lieu-i 

tenant, 44; confirmed, 50. I 

O'Shaughnessy, James, nominated! 

lieutenant, in navy, 137; returned to | 

president, 170. i 



Feel)les. L. S 

confirmed, 52. 
Peeters, nominated 

confirmed, 00. 
Peravay, Edward, nominated 

and confirmed. 167. 
Perry. James, nominated captain, 59 

cor.tirnied, 60. 



nominated captain, 46; 

1st lieutenant, 59; 

consul 



nominated captain,' 



C, nominated midship- 
returned to president, 



Owen, Clarlv L., nominated captain, { 
46; confirmed, 52; renator 6th con- 1 
gress; mentioned, 230. • | 

I 

Palmer, George W.. nominated 2d lieu- 1 
tenant and confirmed, 130. ] 

Palmer, "William H., nominate! dis-i 
trict attorney, 306: coiifiriaed, 309. | 

P'almerston. Lord, on peace between j 
Texas and Mexico, 163, 164; men-' 
tioned. 197. 

Park, Moses, nominated notary pub- 
lic, 282; confirmed, -284. 

Parker, Gustavus A., senator Sth con- 
gress. 

Parker. G. IT., midshipman. 208. 

Parker. Isaac, senator Sth and 9th 
congresses. 

Parker, J. ^\ 
man, 139; 
170. 

Parker, Mathew, nominated 
tice and confirmed. 34. 

Parmer. ^Fartin, nominated 
tice, 133. 

Patten. Moses, nominated consul 
confirmed. 193. 

Patterson. William H.. nominated no- 1 
tary public. 282; tabled. 284. 299. j 

Pattillo. Geonre A., nominated notary \ 
public, 136; confirmed. 139; sena-i 
tor 7th. Sth and 9th congresses; j 
mentioned. 302. I 

Patton. Robert, nominnted 2d lieuten-l 
ant. 184: confirmed. 194. | 

Patton. William H.. accompanied Pan-i 
ta Anna to Washington, 28: nomi-i 
nated quartermaster general, 43; '■. 
confirmed. 49; mentioned. 95. i 

Payn. B. Owen, nominated captain, j 
231; confirmed. 232. | 

Penrson. J. G. W.. nominated cantain.i 



Peters. Oliver H. 
15; confirmed, 51. 

Peterson. C. W., nominated district 
attorney, 216; confirmed, 217. 

Pettus. Edward, nominated 2d lieuten- 
ant. 59; confirmed, GO. 

ppvton, Alexander G., midshipman, 
208. 

Phillips. A. H.. mentioned, 300. 

Pierpont, W-'illiam J. D.. nominated 
midshipman, 138; returned to presi- 
dent, 170. 

Pillans, P. J., nominated 1st lieuten- 
ant and confirmed, 130; nominated 
captain, 136; confirmed. 171. 

PJLsbury, Timothy,- senator 6th 
9th congresses: resigned, 204. 

Pinson, Joseph, nominated notary 
lie and confirmed, 309. 

Plummer. Joseph E.. nominated 



and 

pub- 

col- 



chief jus- 
chief jus- 
192; 



lector of customs. 173; confirmed, 
174. 

Pocket. ^Mentioned. 107. 

Poe. George W.. nominated stock com- 
missioner. 114; returned to presi- 
dent, 116. 

Porter. William M.. vote received for 
district judge, 174. 

Postell, J. N., midshipman, 208. 

Pnstell. W. R., notninated lieutenant 
in navy, 137; returned to president, 
170. 

Potter. H. N.. mentioned. 269. 

Potter, Reuben M., nominated col- 
lector of customs, 205; confirmed, 
210. 

Potter. Robert, senator 5th and 6th 
congresses; deceased, 204. 

Pratt. Thomas, nominated captain. 44; 
confirmnd, 50. 

Price, J. J., nominated 1st lieutenant, 
46; confirmed. 52. 

Promissory notes, secret joint resolu- 
tion. 316. 

Pulsiff^r. Joseph P., nominated col- 
lector of customs, 184; confirmed, 
187. 

Pyron. D. Y.. nominated captain. 46; 
confirmed. 52. 



Ouir.an, George, 
torney, 310. 



nominated district at- 



59: rejected, 60. I 

Pease, E. M.. nominated comptroller ] Rabb. Andrew, nominated chief 

nnd confirmed. 93; resigned. 100. j tice and confirmed. 34. 
TVck. Parton. nominated captain. 15; ■ Radcliff, Augusfus W.. nominated 

confirmed, 51. sul, 177; confirmed, 178. 



JUS- 



Index 



333 



Roberts, Samuel A., nominated notary 

public and continneJ, 1-9; nomi- 
nated secretary of state. 203; con- 
firmed, 210; mentioned, 20G. 

Roberts. Willis, nominated collector 
of customs. 119; confirmed, 120; re- 
moved, 141. 

Robertson. Arthur, secretary of sen- 
ate, 10, TO. 

Robertson, J. B., nominated captain, 
j 46; confirmed, 52. 

T>„i — . c■'.^,.^^.^^ r^ senatOF 1st 



Rassdale, Robert, nominated 2d lieu- 
tenant, 59; confirmed. 60. 

Rains, Elmory, senator 2d and 3d con- 
gresses. 

Ramsey. A., nominated surgeon and 
confirmed, 31. 

Randall, L.. senator 6th and 7th 
congresses. 

Rassigu<;l, Cliarlos, navy agent, 253. 

RattlilL, Edward S., nominated 2d| 
lieutenant, 1S4; rejected, 194. 

Rate, Lachlan M., nominated consul! Robertson, Sterling C. 
general, 232; confirmed, 207; men-| and 2d congresses. 
tioned, 260. I Rcbinson, George W., nominated 2d 

Ravis. James B., nominated 1st lieu- 1 lieutenant, 59; confirmed. 60. 

tenant, 1S4; confirmed, 1S9. i Robinson, Joel, nominated 1st lieu- 

Raymond, Cliarles H.. nominated sec-! tenant, 30; confirmed. 31. 

retary of legation, 232; confirmed, | Rodgers, J. H. D., nominated colonel, 
267. I . 46; rejected, 53. 

Raymond, James H., mentioned, 26S, j Rodriguez, Ambrozio. nominated 2d 
285, 298, 300, 301. \ lieutenant, 44; confirmed, 50. 

Read, Ezra, nominated surgeon, 43; | Roman. Richard, senator 9th congress, 
confirmed, 49. i Rose, Robert, nominated notary pub- 

Redd. William D.. nominated captain | He, 2ij5; confirmed. 210. 

and confirmed, 130. I Ross, David, nominated captain, 214; 

Redfield. William, nominated 2d lieu- 1 confirmed. 216. 

tenant. 45, 130: confirmed. 51, 130; i Rowe, Judson A., nominated midship- 
duel, 99. • 1 man, 13S; returned to president, 

Redmond. Henry, nominated collector | 170. 

of customs, 2S2; inquiry concern-i Roxburg, John, nominated consul, 258; 



ing. 2S5; rejected, 299. 
Reeves, James B.. nominated 2d lieu 

tenant, 45; confirmed, 51. 
Reid, John R.. nominated district at 

tornev, 136. 177; confirmed 

178. 



confirmed, 267. 
Rtigely, John, senator 7th and 8th 

congresses. 
Ruiz, Francisco, senator 1st congress. 
139, j Rtisiv. Thomas J., nominated secre- 
I tary of war, 15; confirmed, 17; nom- 



Reily. James, nominated loan commis- 1 inated chief justice of the Repub- 

sioner, 129; confirmed, 130: nomi-j lie, 116; mentioned. 78. 79, SO. 

nated district attorney, 177; with-: Russell, William J., senator 2d con- 
drawn. 179; nominated minister to', gress. 

United States. 211; withdravrn, 213; i 

nominated charge d'affaires and j Sample, David, nominated boundary 

confirmed. 213; resigned. 227: nego- 1 commissioner, 135: rejected. 140. 

tinted treaty with United States, i SI. John. . mentioned. 255. 

235. 243; nomina'':ed charge d'ait-.Snit ANfonio, schoot^er. mentioned. 

fa ires. 306; rejected. 311. ! 246, 252. 253, 256, 264. 

Rirhardson. . mentioned, 64. i >^rni Beruarrl, schooner, mentioned. 

Richardson. Ben, nominated notary j 2()7. 253. 256. 261, 263. 264, 266. 316. 

public. 306. { Sanchez. Lewis, mentioned, 79, 293. 

Rirhardson. Lewis, nominated 2d lieu-i*sa/« Jacinto, mentioned. 264. 

tenant, 45; confirmed. 51. j Santa Anna. Antonio Lopez de. men- 

Richardson. Willard. nominated notarv I tioned. 11. 12, 13, 14, 17. 19, 20, 21, 

public. 195. ! 23. 2S. 152. 153. 

Ricord. John, nom.inated district at- 1 Santa Fe prisoners, mentioned. 268, 

tornev and confirmed. 33; left; 287. 

Texas. 94. j Sargeant. Edward W . nominated 2d 

Robbins. Nathaniel, nominated com- j lieutenant. 47; confirmed. 53. 

mis'^ioncr to treat with Indians, 19; i Saunders. P>ldridge G.. nominated 1st 

confirmr'd, 20. i lieiitenant. -15; confirmed. 55. 

Rrberrs. O. M.. nominated district at- j Saunders, Robert G.. nominated 1st 

tornev and confirmed,' 301. , lieutenant. 45; confirmed, 55. 

Rob^^rts, Rpuben, nominated 2d lieu- j Seallorn. J. W., vote received for sur- 

t^nant. TnI: confirmed. 194. i veyor, 177. 
Rnh.ns, Reubon .M.. nominated 1st I Schoolfiold. . vote received for 

lir-utt-nant, 20.S. i surveyor, 179. 



334 



Index 



Scott, A. H., nominated 2d lieutenant, 

136; confirmed, 172. 
Scott, George W., nominated notary 

public, 216: confirmed, 219. 
Scott, John, vote received for district 

attorney, 144. 
Scott, J. W., nominated pay master, 

43; confirmed, 49. 
Scott, Robert 11., nominated 1st lieu- 
tenant, 1S4; confirmed, 194. 
Scott, William R., nominated chief 

justice, 101; confirmed, 105. 
Scurry, Richardson, secretary of sen- 
ate, 10; nominated district attorney I 
and confirmed, 33; vote received fori 
district judge, 174; mentioned, 317.1 
Scurry, William B., nominated dis-i 
trict attorney and confirmed, 202. | 

Seeger, William, nominated lieuten- 
ant in navy, 207, 226; confirmed, 
227; mentioned, 256. 

Seguin, Erasmo, nominated chief jus- 
tice and confirmed, S6; vote re- 
ceived, 176. 

Seguin, Juan N., nominated lieuten- 
ant colonel, 44; confirmed, 50; sen- 
ator 2d, 3d and 4th congresses. 

Sevey, IVIannassoh, nominated lieuten- 
ant of engineers, 44; confirmed, 50; 
mentioned. S5. 

Sevey, R. E., nominated 2d lieuten- 
ant, 45; confirmed, 51, 

Sevey, Theodore, nominated 1st lieu- 
tenant. 184; confirmed, ISO. 'I 

Sharp, Azel. nominated 1st lieutenant, { 
46; confirmed. 52. 

Sharpe, John, nominated notary pub- 
lic, 114, 121; returned to president, 
116; confirmed, 121. 

Shaw, Charles B., master, 208. 

Shaw, James, interpreter, 293. 

Shaw, James, senator 6th, 7th and 8th 
congresses. 

Shav.'. James B., nominated comp- 
troller. 184, 231, 308; confirmed, 
186. 232. 

Shelby, A. B., vote received for dis- 
trict judge. 144. 

Shelton. W. D.. nominated notary pub- 
lic and confirmed. 220. 

Shepard, Seth. mentioned. 113. 

Shepard, William M.. nominated sur- 
geon. 43; confirmed, 49; letter to S. 
R. Fisher, 81; nominated secretary 
of navy and confirm.ed. 93. 

Shepherd, . mentioned, 190. 

Shipley, S. S., nominated lieutenant 
in navy, 137; returned to president, 
170. 

Short, M. H.. nominated quartermas- 
ter. 43; rejected. 56. 

Simmons, James W.. nominated comp- 
troller and confirmed. 127: nomi- 
nated treasurer, 184: confirmed, 190; i 
gone to United States, 206. I 



Simpson, John S-, vote received for 

chief justice, 176. 

Skerritt, M. B., nominated 1st lieuten- 
ant, 44; confirmed, 50; nominated 
captain, 136; rejected, 169; con- 
firmed, 170. 

Smith, Ashbel, nominated surgeon 
general and confirmed, 54; nomi- 
nated charge d'affaires and con- 
firmed, 220; mentioned, 251. 

Smith, Edward, nominated 2d lieuten- 
ant, 47; confirmed, 53. 

Smith, Eugene T.. nominated captain, 
45; confirmed, 51. 

Smith, Fenwick, midshipman, 208. 

Smith, Francis G., nominated consul, 
192; confirmed, 193. 

Smith, Henry, nominated secretary of 
treasury, 15; confirmed, 17. 

Smith, James W.. vote received for 
chief justice, 176. 

Smith, John W., nominated notary 
public. 205; confirmed, 209; senator 
7th, 8th and 9ih congresses; de- 
ceased, 304. 

Smith, Nathan, nominated naval store- 
keeper, 139; returned to president, 
170. 

Smith, Niles F., nominated commis- 
sioner and confirmed, 32; nomi- 
nated collector of customs and con- 
firmed, 220; nominated notary pub- 
lic, 282, 307; confirmed, 298, 307. 

Smith N. Winter, nominated -colonel 
of engineers, 40: confirmed, 41. 

Smith, Walter, nominated consul, 135; 
confirmed, 139. 

Smith, William H., nominated major 
and confirmed. 31. 

Smith, William R., nominated sur- 
geon general. 136; confirmed, 170. 

Smyth, George W., nominated sur- 
veyor to run boundary, 135; con- 
firmed, 142; nominated boundary 
commissioner, 184; confirmed, 1S6. 

Srell. !M. K., nominated captain, 45; 
confirmed, 55. 

Snively, Jacob, nominated pay master 
general, 43; confirmed, 49; nomi- 
nated pay master general, 136; con- 
firmed, 170; mentioned, 98, 99. 

Snow. Charles B.. nominated midship- 
man, 138; returned to president, 
170; nominated lieutenant in navy, 
226; confirmed, 227. 

Sr-owe, Thomas, nominated consul, 
282: confirmed, 283. 

Somervell. Alexander, senator 1st and 
2d congresses; nominated collector 
of customs. 231; confirmed, 232. 

Somervell. .Tam.es, nominnted notary 
public and confirmed. 307. 

Somerville, Charles, nominated 2d 
liouronant. 45; confirmed, 51. 

Stanley, Fabrius. nominated lieuten- 



Index 



335 



ant in navy, 137; returned to presi- 
dent, 170. 

Starr, James H., nominated secretary 
of treasury, 135; confirmed, 148. 

Steele, Jack, mentioned, 38, 39. 

Stepliens, J. F,, nominated purser, 
138. 2()S. 226; returned to president, 
170; confirmed, 227; mentioned, 257, 
2G4. 

Sterne. Adolphus, nominated commis- 
sioner to treat with Indians, 20; re- 
jected. 21; nominated notary pub- 
lic, 30G; confirmed, 307; sketch of, 
22. 

Stewart, Charles, nominated 1st lieu- i 
tenant, 45; confirmed, 51. j 

Stewart. Charles B., nominated no- 
tary public, 205; confirmed, 209. ' 

Stewart, John Graham, nominated 
consul, 258; confirmed, 2G7. ! 

Stewart, Thomas, nominated collector j 
of customs, 48; rejected, 49. I 

Stickney, E. Lawrence, nominated! 
commissioner of revenue, 184; con-: 
firmed, IS 9. ! 

Stiles, William K., nominated commls- ! 
sary of subsistence. 55; confirmed, I 
56. I 

Still, William G., nominated 2d lieu- 
tenant. 44; confirmed 50. 

Stoneall, , nominated midship- 
man, 139; returned to president, 
170. 

Strickland, David, nominated 2d lieu- 
tenant, 30; confirmed, 31. 

Strickland, James, nominated 2d lieu- 
tenant and confirmed. CO. 

Stroud, Benoni, senator 3d, 4th and 
5th congresses. 

Stureres, B. B.. nominated pay master, 
136; confirmed. 169. 

Sublett, Henry W., nominated district 
attorney. 216; confirmed. 219. 

Suddnth. H. W.. nominated notary 
iniblic. ]36; confirmed. 139; men-, 
tioned, 210. 

Sullivan, James S., nominated notary 
public and confirmed. 220. 

Sutton, J. S., nominated 2d lieutenant 
and confirmed, 130. 

Swaim. John D.. nominated collector 
of customs. 136; confirmed. 148. 

Swartwout. Samuel, nominated navy 
ac:f'nt, S9: withdrav,-n, 89. 92. 

Swisher. J. M., nominated 1st lieuten- 
ant. 208. ■ j 

Swisher. ^NTilton. nominated 1st lieu-j 
tenant, 59; confirmed, 60. j 

Switzer, Alonzo B., nomina.tcd lieu-j 
tenant colonel, 46; confirmed, 55. I 

Tarnley, O., nominated notarv public, | 
168. I 

Tarrant. E. H.. commissioner to treat i 
with Indians. 292, 293. I 



Taylor, Charles S., nominated chief 

justice and confirmed. 34; nomi- 
nated boundary commissioner, 113; 
returned to president, 116; nomi- 
nated district attorney, 136; re- 
jected, 143, 144. 

Taylor. J. :\I., nominated 2d lieuten- 
ant and confirmed, 60. 

Tavlor. John W.. confirmed lieutenant 
in navy, 27. 

Taylor, Samuel G.. nominated consul, 
205; confirmed, 209. 

Taylor, Thruston M.. nominated lieu- 
tenant in navy. 137, 207; returned 
to president, 170. 

Taylor, William P. B., confirmed post 
captain, 27. 

Tennison, William A., nominated mid- 
shipman, 138; returned to president, 
170; nominated lieutenant in navy, 
207. 226; confirmed. 2-27. 

Terrell, George W., nominated secre- 
iiwy of state and confirmed, 200; 
nominated attorney ceneral, 211; 
confirmed. 212; negotiated treaty 
with Indians, 292. 293; nominated 
charge d'affaires. 306; rejected, 311. 

Tf'rr\l>h\ mentioned, 29. 

Thomaston. William, nominated 1st 
lieutenant and confirmed. 60. 

Thompson, Algernon, mentioned, 134, 
135. 

Thompson. Edward, nominated 1st 
lieutenant. 136; confirmed, 172. 

Thompson, Henry L.. confirmed mas- 
ter commandant, 27. 

Thompson, H. M.. nominated 1st lieu- 
tenant. 46: confirmed. 52. 

Thompson. Hiram, nominated 1st lieu- 
tenant. 59; confirmed, 60. 

Thompson, Nanoleon B., nominated 
district attorney, 107; confirmed, 
108. 

Thompson. Waddy. repayment of 
money advanced to Santa Fe pris- 
oners. 268. 

Thruston, A. S., nominated commis- 
sary general of purchases. 44; con- 
firmed. 50; nominated quarter mas- 
ter areneral. 109; nominated attor- 
ney general, 113; returned to presi- 
dent. 116. 

Thynne. Arthur, nominated 2d lieu- 
tenant, 44: confirmed. 50. 

TInslev. ,T. W.. nominated major, 44; 
confirmed. 50. 

Titcomb, John R.. nominated midship- 
man. 138; returned to president. 
170. 

Titus. .Tames, senator eth and 7th con- 
gressps. 

Tcby. Thomas, nominated consul, 114; 
returned to president. 116. 

Tod. John G., nominated commander. 
137; returned to president, 170, 



336 



Index 



Tcler. Dciniel J., nominated notary | 
public and confirme'l, 121. 267; nom-i 
inated chief jusiice, 135; vote re-j 
ceived, 175. j 

Tompkins, A. M.. nominated district! 
attorney and confirmed, 33. { 

Tonkawavs, treatv with, 102; ratified,' 
105. I 

Townsend. Natlianiel, mentioned, 126.1 

Treat, James. fc;ecret agent to Mexico, | 
149; instructions, 150-159; men- i 
tioned, 1S5. ! 

Treaty with Santa Anna, mentioned, ' 
13. 'l4. 152, 153; Cherokees, 36-40; i 
Tonkawavs, 103; Great Britain, 195, i 
196, 197; NetherLinds. 19S; Bel-j 
gium, project for, 221; United! 
States, 234-243; Indians at Bird's! 
Fort, 2SS-293; Hanseatic republics, I 
305; Indians at Tehuacana creeK, | 
306. i 

Tucker. Edmund, nominated surgeon, j 
136; confirmed, 170. j 

Turner, Amasa. nominated colonel, ' 
45; confirn"ied, 51. j 

Turner. John, nominated chief justice j 
and confirmed, 34. ! 

Underhill, Charles B., nominated mid- 1 

shipman, 138; returned to president,! 

170. I 

Underwood, Amnion, nominated no- i 

tary public. 216; withdrawn, 217. '< 
Underwood. Warner L.. nominated! 

district attorney, 92. j 

United States, convention to settle^ 

claims. 106: convention of limits,! 

110; treatv, 233; ratified, 244. re-! 

called. 269; resubmitted. 276; | 

amended and ratified, 277. i 

rrrea, mentioned, 63. j 

Usher. Patrick, nominated chief jus- i 

tice -and confirmed. 34. j 

j 

Van Ben Thuysen. A, B., nominated! 

1st lieutenant, 59; confirmed. 60. I 
Van DerlJT). David C. nominated dis- > 

trict attorney. 2S2; tabled. 284. 299. i 
Van Ness. Cornelius, nominated dis-j 

trict attorney and confirmed. 94: i 

recommender. 94. 95. | 

Vanden Borsch. Maximilien. nominated! 

consul. 282; confirmed. 283. | 

Vnn Soelen. Baron Verstolk, men-' 

tioupd. 19S. ! 

Van Zn.ndt. Isaac, nominated charge: 

d'affaires and confirmed, 227: men- j 

tioned. 295. j 

Vaughn. A. P.. nominnted notary pub- 1 

lie. 306: rejpcted. 307. | 

Veatch. John A., nominated notary! 

public. 306: confirmed. 30?. * | 

Veatch. T. F.. nominnted 2d lieuten-j 

ant. 47: confirmed. 53. j 



Wade, J. H., nominated 1st lieutenant, 
30; confirmed, 31. 

Wadliams, Willard. nominated chief 
justice, 135. 

WaiLe. Alfred A., nominated midship- 
man, i:'>8; returned to president, 
170; nominated lieutenant in navy, 
207, 226; confirmed, 227. 

Walk. Alfred, nominated midshipman, 
139; returned to president, 170. 

Yv^alker, Claborne, nominated 1st lieu- 
tenant and confirmed. 60. 

V.'alker, Kidder, nominated chief jus- 
tice, 168; vote recjived, 175. 

Vv'alker Robert, nominated notary pub- 
lic and confirmed, 309. 

Walker. Sliea, nominated 1st lieuten- 
ant, 59; confirmed. 60. 

Waller, Edwin, nominated postmaster 
general, 146: confirmed 147. 

Waples. .Joseph, nominated notary 
public. 210; mentioned, 209. 

Vrard, Frederick C, nominated lieu- 
tenant in navy. 137; returned to 
president, 170. 

Ward. Thomas W., nom. inated notary 
public. 184: confirmed, 186; nomi- 
nated commissioner of general land 
ofTice, 190, 281; confirmed, 191, 283. 

Ward, William, mentioned, 272. 

Ware, Orlando, nomi-^ated midship- 
man. 138; returned to president, 
170. 

V\'atkins. Jesse, mentioned. 78. 79. 

Watrous. John C. nominated attorney 
general. 117; confirmed, 118. 

Watson. Robert IT., nominated sur- 
geon and w^ithdrawn, 93. 

Watts. H. 0-. nominated collector of 
customs and confirmed, 129. 

Watts. H. W.. nominated collector of 
customs. 184; confirmed, 191. 

Weatherhead, Francis ]M.. nominated 
notarv public and cortfirmed. 221. 

Tvebb. Francis B.. nominated midship- 
man. 138; returned to president, 
170. 

AVebb, James, nominated attorney gen- 
eral, 135; confirmpd. 139: senator 
6th. 7th and 8th congresses, men- 
tioned, 155. 207. 230. 

Webster. Daniel, mentioned. 235. 243. 

Weihl, J., nominated 1st lieutenant, 
136: confirmed. 172. 

Weir. R. L.. vote received for public 
printer. 145. 

Wells. Francis T.. nominated purser 
i;'8. 207. 226: returned to president. 
170; confirmed. 227: mentioned. 257. 

A\'ells. Uvsnnder. nominated lieuten- 
ant colonel. 44; confirmed. 50; nom- 
inated colonel. 114. 136: returned to 
president. 116; mentioned. 47. 

Welsehmeyer. John C. nominated 2d 
auditor, 93, 127; confirmed, 95. 127. 



Index 



337 



Wethered. See Weatherhead. 

Weymouth, D. F., noaiinated commis- 
sary general of subsistence, 4-i; 
confirmed, 50. 

Wharton., John A., nominated chief 
justice of the Ittpublic, JIG. 

Wharton. William H., senator 1st, 2d 
and 3d congresses; resigned, 70; 
nominated minister to " United 
States, l^';; contirmed, 24; return 
home, 58. 

Wharf.(}/i, brig, mea'ioned, 252-257, 
P(ts.si})\ 2G:1. 2G5, 266, 2SG, ;'1G. 

Wheeler. James M., nominated mid- 
shii)man, lZ9r, returned to presi- 
dent, 170. 

Wheeler, R. T., nominated district at- 
torney, 21G; confirmed, 217. 

Wheelwright. George, confirmed mas- 
ter commandant, 27'; nominated 
commander, ]u7; returned to presi- 
dent, 170. 

Whitaker, F. A., nominated assistant 
surgeon, 44; confirmed, 50; nomi- 
nated surgeon, 184; confirmed, 1S9. 

Yvhitirig, Samuel, vote received for 
public ininter, 145, 

WichL Joseph, nominated captain, 46; 
confirmed. 52. 

Wiedeman, Ed \va rd.' 
ant surgeon, 1S4; 

Wigginton, H. R. A 
nel, 46; confirmed, 

Vv'ilber. Daniel C, 

shlpman, i;^S: returned to president.'! 
170; nominated mnster, 208; nomi- 1 
nated lieutenant in navy, 22G; con- i 
firmed. 227. j 

Wilkerson, James A., nominated cap- 1 
tain. 59; confirmed, 60. j 

Wilkins. Robert, nominated 1st 
tenant, 46; confirmed, 52.- 

AViUiams, C. Arthur, mentioned, 

Williiuns, Henry IT., 
sul, 107; confirmed 

Williams. Josenh C. 
tain and confirmed 

Williams. L., mentioned, 292. 

Williams, Robert L.. nominated 
tiiry public. 306. 

Yi'illinms, Samuel :^r.. nominated loan 
conmiissioner, 110; rejected, 115. 



nominated assist- 
fonfirmed, 193. 
, nominated colo- 
51. 
nominated mid- 



Williams, William IM.. nominated dis- 
trict attorney, 177; confirmed, 178. 

Williamson, R. M., vcte received for 
public printer, 115; senator 8th 
congress; unseated. 2S0. 

Williamson, William S., nominated 
lieutenant in navy, 137; returned to 
president, 170. 

Willis, .[olm. r.ominated consul, 113; 
returned to president, 116. 

Wilson. Robert, senator 1st, 2d and 3d 
congresses; arrested, 120. 

Wincheil, J. H., nominated notary pub- 
lic, 145; confirmed. 146. 

Woodhouse, M. P.. nominated 1st lieu- 
tenant, 45; confirmed, 51. 

Woodland. Charles H.. nominated sail- 
ing master, 138; returned to presi- 
dent. 170. 

"Woodward, John, nominated consul 
general and confirmed, 31. 

Wooldridge, John R., midshipman, 
208. 

A^/ren, Nicholas, nominated 2d lieu- 
tenant, 30; confirmea, 3l. 

Wright. A. S., secret agent to Mex- 
ico, 1S5. 

Wright. Francis B., confirmed lieuten- 
ant in navy, 27; nominated lieuten- 
ant in navy, 137; returned to presi- 
dent, 170. 

V.'right. George W., senator 9th con- 
gress. 

Wright. J. F.. nominared captain, 46; 
confirmed. 52, 

Yx'yatt. P. S., nominated major, 128; 
confirmed, 129. 

Wyche, William P., nominated chief 
justice, 135. 



lieu- ■ Yates, A. J., nominated loan commis- 



si onpr. 



confirmee 



nominated 
108. 

nominated 
29. 



113. 
con- 
cap- 



no 



Young, Philip, nominated 1st lieuten- 
ant. 46: confirmed, 52. 

Young. AYillinm C, nominated district 
attorney and confirmed, 301. 

Y^icatan. montioned, 208, 245 246, 248, 
251. 252, 253, 256, 257, 263, 270, 286. 

Zavala, Lorenzo de, mentioned. 10. 
Zavala, steamship, mentioned. 24S, 
253, 265, 266. 316. 



frn-T-'- 



5676